Yesterday a U.S. Court of Appeals for the Ninth Circuit ruling struck down California’s restrictive law that required background checks for every ammunition purchase in its Rhode v. Bonta decision—a case backed by the National Rifle Association and the California Rifle and Pistol Association. It is a significant victory for Second Amendment rights, but it remains unclear whether the regulation, enacted in 2016, remains in place at this time.
“The Ninth Circuit applied the text-and-history test set forth in the NRA’s landmark Supreme Court victory, NYSRPA v. Bruen,” NRA-ILA summarized. “First, the Ninth Circuit determined that the background check requirement regulates conduct covered by the Second Amendment’s plain text, because it meaningfully constrains the right to keep operable arms. Next, the court concluded that the background-check regime is inconsistent with America’s historical tradition of firearm regulation, because no such law nor analogous law was ever enacted before the twentieth century.”
The decision didn’t stop there. NRA-ILA also notes, “Finally, the Ninth Circuit considered language from a footnote in Bruen in which the Supreme Court indicated that some shall-issue carry regimes are likely constitutional. The Ninth Circuit determined that this language did not apply to background checks for ammunition purchases—which are distinct from licensing laws for handgun carry—and further, that California’s ammunition background check regime is more burdensome than a typical shall-issue carry regime because California’s law requires a background check before every ammunition purchase regardless of when the last purchase occurred.”
It's good news for brick-and-mortar stores and online retailers. “We are thrilled by this victory, which stands as a testament to the power of the Constitution,” said Dan Wolgin, CEO of Ammunition Depot, a co-plaintiff in the case. “We understand that the legal process isn’t over, and we are committed to keeping our customers informed as this unfolds. Today’s ruling is a major step forward for the Second Amendment and the rights of every law-abiding citizen.”
While awaiting a court-ordered mandate, readers are encouraged to visit NRAILA.org to stay up to date on developments and when a final court mandate is issued.
