Judge strikes down California law requiring background checks to buy ammo

A federal judge has ruled that California cannot enforce a law requiring background checks to purchase ammunition and declared the law unconstitutional.

On Tuesday, U.S. District Judge Roger Benitez in San Diego said gun control measures have “no historical background” and violate people’s Second Amendment rights.

Benitez, who was appointed by President George W. value,” he wrote.

The judge also criticized the number of law-abiding gun owners who are denied ammunition after undergoing background checks, preventing them from purchasing ammunition.

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“In 2019, the denial rate was 16%. Overwhelmingly, the reason for denial was because the state had no record of gun ownership or mismatched personal identification information,” Benitez wrote. “With a new system as large and clunky as California’s unprecedented ammunition background check system, you would expect problems and errors to occur. Unfortunately, background check rejection rates currently are Although it has fallen to 11%, it is still too high.”

Benitez issued a permanent injunction blocking enforcement of the law while the state appeals to the Ninth Circuit Court of Appeals.

“These laws were enacted and serve as a means to protect Californians,” said Democratic Attorney General Rob Bonta. “Background checks save lives.”

California Gov. Gavin Newsom, also a Democrat, overturned the judge’s ruling and accused Benitez of colluding with the gun control lobby.

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California Governor Gavin Newsom speaks at a press conference in Beijing, China, October 25, 2023. (Reuters/Wang Tingju/File photo)

“Like clockwork, Judge Benitez has once again put his personal politics and loyalty to gun control advocates above the Constitution and common sense,” Newsom said. “California will fight this extremist, illogical, and disorganized ruling while upholding lifesaving measures that are proven to keep our communities safe.”

The Ammunition Background Check Act, which was approved by voters as a ballot measure in 2016 and amended by Congress in 2019 to include individual ammunition purchases, is the latest in the history of Olympic shooting competition gold medalist Kim Lord and California Rifle & Pistol. The contestant objected. Association.

Chuck Michel, the group’s president and general counsel, called the decision a “huge victory” and said California “has been preventing many eligible people from getting the ammunition they need. That’s why these laws… That’s the real political intent behind most of it.”

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Foothill Ammo owner Chris Puce displays and sells .45 caliber ammunition at his store in Shingle Springs, California, on June 11, 2019. California may no longer enforce a law requiring gun owners to undergo background checks before purchasing ammunition. (AP Photo/Ricci Pedroncelli)

California cited dozens of laws dating back to 1789 as “historical analogues” regarding background checks for ammunition, including regulations that prohibited slaves, Indians and others from purchasing ammunition.

The justices said that “these disgusting historical examples of bigotry and bigotry” against people denied constitutional rights do not currently justify similar restrictions on constitutionally protected people. denied the allegations.

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Benitez’s decision builds on a landmark 2022 U.S. Supreme Court decision that expanded gun rights nationwide. The high court has binding precedent that, when faced with a ruling that could impact gun rights, judges must ensure that proposed firearms regulations are “consistent with the historical tradition of firearms regulation in this country.” It is necessary to assess whether the

This case is Rhode et al. Against Bonta.

Reuters contributed to this report.