CALIFORNIA – A federal appeals court ruled, July 24, that California’s law requiring background checks for ammunition purchases violates the Second Amendment.
In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals upheld a 2024 lower court ruling striking down the law. Passed by voters as Proposition 63 in 2016, it took effect in 2019 and required background checks for every ammo purchase.
Kim Rhode, a decorated Olympic medalist in shooting sports, sued along with California Rifle & Pistol Association and other vendors.
“As lead plaintiff in Rhode v. Bonta, I just defeated Gavin Newsom’s ammo law—again—at the 9th Circuit. Two-time ruling: Unconstitutional. Stop wasting taxpayer money,” said Rhode in a post on Instagram.
Law lacks historical precedent under Bruen test
Writing for the majority, Judge Sandra Ikuta said the law meaningfully constrains the right to bear arms by restricting access to ammunition, and lacks historical precedent under the Supreme Court’s Bruen test.
The Bruen test holds that gun laws are constitutional only if they are consistent with the nation’s historical tradition of firearm regulation, going back to the late 1700s and 1800s.
In other words, if there’s no historical match, the law is likely unconstitutional.
A spokesperson for California attorney general Rob Bonta, the named defendant, said, “our families, schools, and neighborhoods deserve nothing less than the most basic protection against preventable gun violence, and we are looking into our legal options.”
Law remains in effect for now
Although the ruling affirms the lower court’s block on the law, a February 2024 stay keeps it in effect until the final mandate is issued.
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