Court keeps Calif. ammo background check in place after judge rules it unconstitutional

The 9th Circuit Court of Appeals panel put a hold on a federal judge’s ruling that California’s ammunition background check is unconstitutional. The hold, issued on Monday, Feb. 5, enables California to continue requiring background checks for those who are purchasing bullets.

In 2016, the ammo background check law was approved by California voters and then amended by the Legislature to include background checks for every ammo purchase.

Three-time Olympic gold medalist in shooting, Kim Rhode, and the California Rifle & Pistol Association challenged the law in court.

On Jan. 31, U.S. District Court Judge Roger Benitez ruled the background check law violated a person’s right to keep and bear arms under the Second Amendment.

“Today, a person may choose to submit to a full credit check to buy an automobile,” Benitez wrote in his decision. “But he is not required to pass the same credit check every time he needs to refill his car with gas or recharge his battery at a charging station…. Similarly, when a person chooses to buy a firearm, he is required to undergo a full background check. However, until now, he was not required to also go through a background check every time he needs to refill his gun with ammunition.”

California Attorney General Rob Bonta called Benitez’s ruling “dangerous” and asked the 9^th Circuit to intervene while the state appeals the lower court’s ruling.

A three-judge panel for the 9^th Circuit Court of Appeals issued the hold in a 2-1 decision.

BREAKING: California’s life-saving, common-sense, constitutional ammunition laws will remain in place as my office continues to defend them in court.

The lower court’s dangerous decision has been halted from going into effect.

— Rob Bonta (@RobBonta) February 6, 2024

“California’s lifesaving, common-sense, constitutional ammunition laws will remain in place as my office continues to defend them in court,” Bonta wrote in a post on X. “The lower court’s dangerous decision has been halted from going into effect.”

The ammo background check law will remain in effect while the state pursues the appeal.