The 9th U.S. Circuit Court of Appeals ruled last week that a California law requiring background checks for individuals purchasing ammunition is unconstitutional, upholding a previous judge’s ruling striking down the law.
The background check for ammo purchases law had been struck down twice by U.S. District Judge Roger Benitez before a lawsuit was brought by a coalition of gun owners and gun rights groups who sued the state, saying that the law infringed on the Second Amendment rights of Californians.
In Thursday’s ruling upholding Benitez’s permanent injunction blocking the law, Judge Sandra Ikuta wrote in the majority opinion that the law was not consistent with how the country has historically regulated firearms, saying, “By subjecting Californians to background checks for all ammunition purchases, California’s ammunition background check regime infringes on the fundamental right to keep and bear arms.”
In the dissent, Judge Jay S. Bybee said that the background check law did not constrain the right to keep and bear arms as a blanket ban might do and that the inconvenience to ammo purchasers was minor.
Bybee wrote, “The vast majority of (California’s) checks cost one dollar and impose less than one minute of delay.”
One of the plaintiffs in the lawsuit filed against the background check requirement is Chuck Michel, president of the California Rifle & Pistol Association, who posted on social media, “This is a huge win. The state will likely appeal en banc, so we have to keep fighting, but this law will fall!”
California Governor Gavin Newsom expressed his frustration with the ruling, saying, “Strong gun laws save lives — and today’s decision is a slap in the face to the progress California has made in recent years to keep its communities safer from gun violence. Californians voted to require background checks on ammunition and their voices should matter.”
Hellbound and Down 