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California Ammo “Freedom Day”

California has beaches, mountains, deserts, and enough farmland to feed nations. But we can’t order ammo online and have it sent to our homes.

And if we do want to buy ammo, we first need a background check for reasons.

No Right to Bear Arms
Yep… we’re back to the armless bear 🙁

Thankfully, the California Rifle & Pistol Association, NRA-ILA, and others have been fighting hard to get these laws overturned.

And for about a day, they won.

The Injunction and Stay

In the afternoon of April 23rd, the honorable Judge Benitez issued an injunction in the case of Kim Rhodes, et al. Vs. Xavier Becerra.

The ruling, a 120-page document giving a Mr. Becerra a major literary ass-kicking, placed a hold on a section of CA law that grossly limited our freedom to buy ammo.

This kicked off a buying frenzy much like Freedom Week did in 2019 (that week was also brought to us by Judge Benitez)

However, the state of California predictably did not agree with this ruling and filed for a stay on the injunction. Benitez denied the motion, so California appealed to the 9th Circuit Court of Appeals. Sadly, they did issue an emergency administrative stay.

oh come on
MRW I read the stay. Well, I wasn’t actually surprised. But I was mad.

What Does This Mean Now?

I’m not a lawyer and I don’t play one on TV. But from what my understanding is that we’re basically back to where we were on Wednesday.

Californians cannot:

  • Buy ammo online and have it shipped to our door.
  • Buy ammo across state lines and bring it back.
  • Buy ammo without a background check.
disgust gif
California trying to buy ammo, 2019, colorized

For those of us that bought ammo AFTER the injunction but BEFORE the stay (roughly, after 4/23 3:00pm PST but before 4/24 9:45pm PST) what we did was legal and your ammo should be able to be legally shipped to you.

Taking possession of that ammo, even though you will be taking possession well after the stay, should be legal.

However, that does not mean that all retailers will be shipping the ammo bought during that time frame. There are some retailers that have announced that they will be, but not all of them.

So far Brownells is the only major retailer that I’ve seen publicly state that they will be processing and shipping orders made during Freedom Day.

Brownells Logo

If you want a complete break down of CA Ammo laws, we’ve got a detailed article for you!

What Happens Next

The stay that was issued is not final. It was only an administrative stay meant to give the court time to actually hear the case regarding CA’s demand that the injunction is stopped.

The motion to stay the injunction still needs to be actually heard by the 9th circuit, they will then issue a ruling either upholding the injunction or striking it down.

Either way, the case then goes back to the district court and Judge Benitez to finish hearing the full case. A ruling will come down eventually about that and we’ll see what happens.

How Long Does This Take?

It depends, but it’s going to be a while. We should get an answer to the stay/injunction first and that should be within a few weeks. The full case after that might take a year or two.

Any Good News?

Hell ya! We got a 120-page document from a federal judge saying how important gun rights are! I’d rather have the rights themselves, but at least I got a cool letter.

Right? That’s good news, isn’t it?

Really though, Judge Benitez has an amazing way with words and writes at a quality far above the average judge.

So if you’re interested in reading some awesome excerpts of the ruling — read on.

Otherwise… go back to day-drinking during the quarantine. Or do both, I won’t judge.

Judge Benitez Injunction Excerpt

I strongly recommend reading the majority of the document, but if you just need some talking points for when you’re trying to explain this mess to your not-gun-nut friends — these are my favorite quotes.

roger benitez
The man, the myth, the legend. The Honorable Judge Benitez.

Right off the bat:

The experiment has been tried. The casualties have been counted.
California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured.

The order starts with no punches being pulled and only ramps up from there.

Something many law makers seem to forget is highlighted early in the ruling:

These new laws are constitutionally defective for several reasons. First, criminals, tyrants, and terrorists don’t do background checks.

Furthermore:

Nevertheless, the Second Amendment is not a “loophole” that needs to be closed.

And lastly:

Presently, California and many other states sit in isolation under pandemic-inspired stay-at-home orders. Schools, parks, beaches, and countless non-essential businesses are closed. Courts are limping by while police make arrests for only the more serious crimes. Maintaining Second Amendment rights are especially important in times like these. Keeping vigilant is necessary in both bad times and good, for if we let these rights lapse in the good times, they might never be recovered in time to resist the next appearance of criminals, terrorists, or tyrants.

Parting Shots

Freedom Day is now over, but hopefully, most of us were able to get an order or 10 in before it closed. The fight is still being fought and we’ll be keeping an eye on the situation.

If you’re interested in helping the cause, please donate to CRPA or other great 2A rights groups.

Tell us my dudes, did you get an order placed? Did they refund it or are they shipping? What is your favorite Judge Benitez quote? Let us know in the comments!

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9 Leave a Reply

  • Commenter Avatar
    Silver Fox

    I like “These NEW laws are constitutionally defective for several reasons.” That should be sufficient to remove such ‘laws ‘ from even being considered or enforced. I would like to hear what the sheriffs have to say. The sheriff in my county doesn’t like anyone to have a concealed carry permit except him and his personal friend. I do like this judge. One of an exceptional few!

    May 3, 2020 5:44 pm
  • Commenter Avatar
    ET562

    California is not this bad.

    Given everything I’ve read and heard from the NRA and others, I thought it would be near impossible to get a firearm in California.

    It was absurdly easy compared to the negative noise that is put out.

    I may change my mind after I continue to educate myself, but I truly believe that this all or nothing positions (from both sides of the issue) are not helping us move forward.

    I have lived in California my entire life. Been around the world twice and all over this great nation.

    No place else I’d rather live.

    May 3, 2020 3:35 pm
  • Commenter Avatar
    Mark O

    Almost took a job in CA, about10 years ago. So glad that I passed!

    April 26, 2020 4:30 pm
  • Commenter Avatar
    LarryMH54

    I went searching online for some ammo, found a good place, and ordered. Not quite sure why I got an immediate rejection. They wouldn't take my money! Is it CA, or just me?

    April 26, 2020 1:55 pm
  • Commenter Avatar
    Ryan

    I find it kind pointless that when judges make decisions that can be overrun especially it critical times like this. If a judge makes a decision that should be it. These people that fight against the 2nd amendment or that don’t agree with the constitution should leave the country and go to the Middle East or places where there’s no freedom. I don’t get what’s in the minds of some people that they want to turn this country into communism. As a Christian the constitution was founded by men that use the Bible to make this constitution even possible for us.

    April 25, 2020 3:50 pm
    • Commenter Avatar
      David, PPT Editor

      The system is based on checks and balances, technically speaking this is the system created by and working as intended by the founding fathers. A huge part of their legacy is our system of checks and balances. It's a frustrating process at times, but it a safeguard against corruption.

      April 25, 2020 3:57 pm
      • Commenter Avatar
        Ryan

        Frustrations indeed ...I’m hoping atleast the magazine ban goes away and also I would love to see the annoying pistol grip situation banishes.

        April 25, 2020 4:08 pm
        • Commenter Avatar
          Ryan

          Vanishes**

          April 25, 2020 4:09 pm
      • Commenter Avatar
        Paul

        I don't think the "Checks and Balances" system was meant to apply to the courts, though I am sure that judicial systems "counter rulings" have probably morphed out of that. Checks and Balances were meant to keep one branch from obtaining all the power. This "counter ruling" with the 9th Circuit court, does just that: They end up essentially as the "unchecked supreme power ". Thereby negating the "Checks and Balances" system. Yes, the ruling is set back to Judge Benitez, so that he can change his ruling to fit theirs. If he refuses, then they will just overrule him and we all lose. The California legislature knows that the 9th CC is filled with socialists who despise the Constitution, will always vote with them and against us, (which in my opinion should disqualify them fro an opinion/ruling, due to their bias) and therefore they get to appeal to them again, and again and again, until they win.
        I think the best way for you all in Cali to change things, is to start calling in anonymous Extreme Risk protection orders against, people who don't own firearms (you think the police will just walk away when told "we don't have any firearms", no chance!), especially include judges not he 9th and known Anti-2dA folks. Let them be victims of what they created, and they will vote to change it.

        April 26, 2020 8:16 am