Updated Feb. 6, 2024: Added in section about 9th Circuit Court stay.
A federal judge in California struck down a controversial law this week requiring in-person background checks for ammo purchases.
Declaring the law unconstitutional, U.S. District Judge Roger Benitez found that it violated Second Amendment rights and was ineffective in its implementation.
But what does this mean for California gun owners, and could this impact other states?
Follow along as we walk you through the history, the court’s decision, and its impacts nationwide.
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9th Circuit Stay
Just days after a federal court ruled that the ammo-buying protocols in California were an overreach, a 9th Circuit Court of Appeals voted 2-1 to stay the ruling and allow the ammo law to remain in place.
Calling Judge Benitez’s original ruling “dangerous,” California officials asked the 9th Circuit Court to review the ruling and intervene, which the court ultimately did on Feb. 5.
The plaintiffs in the case said they will seek further review and continue fighting the ammo law.
“While we are understandably disappointed by the stay, this is merely a pause, not the end of our journey,” Ammunition Depot’s CEO Dan Wolgin said in a statement. “We remain steadfast in our commitment to defending the constitutional rights of all Americans and are prepared for the next phase of this pivotal legal battle in the Ninth Circuit Court of Appeals.”
To learn more about the history behind the law, keep reading!
Proposition 63
California’s journey with ammunition laws has been marked by increasingly stringent regulations. This trend reached its peak with the passing of Proposition 63, introduced in 2016.
Prop. 63 required in-person background checks for every individual ammunition purchase. But it didn’t stop there. The law went even further, banning residents from buying ammo online for home delivery and making it illegal to transport ammo purchased in another state into California.
The law was part of a larger package of gun control measures that sought to reduce gun violence but raised concerns. It immediately raised concerns among gun owners and activists who recognized the moves as one of the most restrictive limitations on ammo in the nation.
Once in effect, the implementation immediately began to flounder. The background check system proved to be not only costly but also riddled with errors and backlogs.
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In examining the system’s success rate, researchers found a high rejection rate — 16% — of lawful purchases – meaning that the system would mistakenly reject entirely legal purchases. This was largely due to no record of gun ownership from purchasers or identity mismatches in the system.
Further, the system seemed particularly ineffective at identifying prohibited purchases — the primary goal of instituting background checks in the first place. According to data, it could only identify 0.03% of prohibited purchasers in the first half of 2023.
All of that was topped off by significant technical issues that led to lengthy delays.
Rhode vs. Bonta
After Prop. 63 passed, Olympic gold medalist Kim Rhode, the California Rifle & Pistol Association, and ammo retailer Ammunition Depot joined forces to take on the state’s restrictive law.
Dan Wolgin, CEO of Ammunition Depot, highlighted the collaborative effort with the California Rifle and Pistol Association and the legal team at Michel and Associates.
“We were approached by the California Rifle and Pistol Association in 2018 and asked if we would be willing to help them fight the onerous and unconstitutional restrictions placed on Californians,” Wolgin told Pew Pew Tactical in an exclusive interview.
“As fervent supporters of the liberties afforded to all Americans by our Constitution, we were happy to step up and do our part to help protect them. We worked with the CRPA for almost six years to help achieve this outcome providing testimony and helping to refute outrageous claims made by the State of California at several points along the way.”
The group won an initial injunction in 2020, but the 9th Circuit Court overturned it days later, stating that the state had not violated the 2nd Amendment.
However, New York State Rifle and Pistol Association v. Bruen rejuvenated the case, with attorneys asking for reconsideration in light of the Supreme Court’s decision.
In a detailed analysis of historical precedents and the Second Amendment, Judge Benitez ruled this week that the ammo law was a clear overstep.
“The ammunition background checks laws have no historical pedigree and operate in such a way that they violate the Second Amendment right of citizens to keep and bear arms,” Benitez ruled in the 32-page decision.
“The anti-importation components violate the dormant Commerce Clause and to the extent applicable to individuals traveling into California are preempted by 18 U.S.C. §926A. Perhaps the simpler, 4 year and $50 ammunition purchase permit approved by the voters in Proposition 63, would have fared better.”
What This Means for Gun Owners
In short, Californians can now purchase ammo without an in-person background check – meaning online sales are back open.
Since the news hit, Wolgin said Ammunition Depot has seen an overwhelming response from excited gun owners.
“In addition to being inundated with calls and emails thanking us for helping to achieve this outcome, we have seen a significant increase in sales,” Wolgin explained.
“We are doing everything we can to stay in stock and ship orders as quickly as possible. Our staff deserves all the credit here, we are all incredibly proud and grateful to have been able to bring a bit of freedom back to California for however long it lasts.”
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And that’s not where it ends. Wolgin said this decision could force other judges to evaluate restricting state laws and hopefully cause the “first domino to fall in removing similarly unconstitutional restrictions imposed by other states and cities across the country.”
In the meantime, Wolgin said the team at Ammunition Depot is committed to continuing its active support of the Second Amendment.
“This is a win for all Californians, but also for all national retailers and manufacturers of ammunition, and we are equally happy to have helped bring this win to each of them. Also, know that this win is just the beginning, legal battles over even blatantly unconstitutional laws stretch on for years and decades, and this window can be shut just as quickly as it was opened.”
Though the law has been overturned, which means Californians can now legally buy ammo online, California Attorney General Rob Bonta vowed to take the case to the U.S. 9th Circuit and is seeking an immediate stay of the decision so the fight might not be over just yet.
Final Thoughts
The overturning of California’s ammunition law by the federal court marks a pivotal point in the ongoing debate over gun control in the Golden State.
This ruling not only impacts California’s gun owners and retailers but also sets a potential precedent for similar legal battles nationwide. Will the 9th Circuit reverse it? Who knows, but in the meantime, we suggest you stock up.
As always, Pew Pew Tactical will stay on top of this case and provide updates to this article as needed.
What do you think of the court case and what it means for Californians? Let us know in the comments below. For where to get ammo, check out our guide to the Best Places to Buy Ammo Online.
7 Leave a Reply
The women and femboys will reintroduce the socialist legislation every session from now to eternity. Repeal the 19th amendment, NOW!
Nice bait, mate ¯_(ツ)_/¯
Bout time, now do NYC!
New York State got there heads up their ass.....
All of the articles I've seen on this mention a 4 year, 50.00 permit. Was this a part of the original prop. 63 ? Appears it was good that this was dropped. All in all a good win.
That was the prop 63. But then the Legislature passed a much more burdensome system requiring a background check every time. The opinion makes this clear, but the article seems to conflate the two. Prop 63 never really went into effect as it was superseded by the legislature.
Got to ensure we get 2A supporting Judges on the 9th and other Circuits. Put pressure on Sen. Mitch McConnell to stop nominations of "Un-Constitutionalists" from being appointed by the Biddie.