Court Rules California’s Ammunition Background Check Law Can Remain in Effect

California’s Ammunition Background Checks Remain in Effect After Appeals Court Ruling

A divided federal appeals court has allowed California to continue enforcing a law that mandates background checks for individuals purchasing ammunition, following a recent lower court decision declaring the law unconstitutional.

On Monday, a panel of the 9th U.S. Circuit Court of Appeals voted 2-1 to stay a ruling issued last week by U.S. District Judge Roger Benitez in San Diego. Benitez’s decision found that the background check requirement infringed on the right to bear arms as outlined in the Second Amendment of the U.S. Constitution.

The state, driven by officials who described Benitez’s ruling as "dangerous," requested the 9th Circuit’s intervention. Judge Benitez, appointed by former President George W. Bush, has a history of decisions that have opposed various gun control measures.

The appeals court’s ruling was delivered by U.S. Circuit Judge Richard Clifton, also a Bush appointee, alongside U.S. Circuit Judge Holly Thomas, who was appointed by President Joe Biden. Judge Consuelo Callahan, another Bush appointee, dissented, arguing that the state had not demonstrated a strong likelihood of success in its appeal.

California Attorney General Rob Bonta expressed satisfaction with the decision, emphasizing that the state’s essential ammunition regulations would remain in force as they continue to defend them in court.

Among those challenging the law are individuals like Kim Rhode, who has earned three Olympic gold medals in shooting events, and the California Rifle & Pistol Association. The group’s president, Chuck Michel, stated that they would seek further review from a different panel of the court in an effort to uphold the right to purchase ammunition for sports and self-defense.

In 2016, California voters approved a measure that required gun owners to complete initial background checks for ammunition purchases and pay a $50 fee for a four-year permit. Legislators later modified the law to mandate background checks for every ammunition transaction, beginning in 2019.

Benitez’s ruling marked yet another instance of a court finding a gun control restriction unconstitutional, following a ruling from the conservative-majority Supreme Court in June 2022, which affirmed an individual’s right to carry a handgun in public for self-defense and established a new standard for evaluating firearms laws based on the nation’s historical context.

In his decision, Benitez dismissed California’s reference to numerous laws dating back to 1789 as relevant historical precedents for ammunition checks, asserting that the law lacked any historical foundation.