U.S. District Court Rules Californians Don’t Have to Pass an Ammunition Background Check

U.S. District Court Judge Roger Benitez ruled on Wednesday in San Diego that the state of California can no longer enforce a law that requires citizens from undergoing a background check whenever they buy ammunition because it violates the Second Amendment. This is the latest hurdle in the case challenging the ammunition background check.

The legal challenge of the required background check for ammunition purposes dates back to November 2016, when California voters passed Proposition 63. The law was almost immediately challenged by gun rights supporters, who said that such a ban violated the Second Amendment of the U.S. Constitution. Rhode v. Becerra (later changed to Rhode v. Bonta because of a change in the state Attorney General) was the main such suit, backed by the California Rifle & Pistol Association. In April 2020, Judge Benitez ruled that the background check law was unconstitutional, saying that “California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured.”

Then-Attorney General Xavier Becerra, however appealed the decision, getting the case kicked up to the U.S. Court of Appeals and getting an injunction to keep the law in place as it was being heard by the court. While it was being considered by the court, the U.S. Supreme Court ruled on New York State Rifle and Pistol Association v. Bruen, which greatly expanded gun rights. With a new law in place in 2022, the Rhode case was brought back down to the U.S. District Court in San Diego and Judge Benitez. The case was then subsequently reheard in July 2023.

While reviewing the Rhode case, Benitez handed down another ruling on Prop. 63, but with this one dealing with California’s ban on magazines with more than 10 rounds of ammunition. Finding Prop. 63 unconstitutional, and with an Appellate ruling being sent back to him, Benitez ruled against the state in Duncan V. Bonta because of Second Amendment violations, ending the high capacity magazine ban as a result.

Latest decision on the Rhode case

With all of this in mind, Benitez gave his final ruling on the Rhode case on Wednesday, finding it unconstitutional. Specifically, Benitez noted that, without ammunition, they couldn’t exercise second amendment rights and to protect themselves with firearms. The Judge also rejected arguments by Attorney General Rob Bonta who said that new methods in acquiring guns meant that new ways to enforce gun laws needed to be put in the books, retorting back that the Bruen decision allowed for self protection.

“California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured,” said Benitez on Wednesday. “How many of the 58,087 needed ammunition to defend themselves against an impending criminal threat and how many were simply preparing for a sporting event, we will never know. What is known is that in almost all cases, the 322 individuals that are rejected each day are being denied permission to freely exercise their Second Amendment right — a right which our Founders instructed shall not be infringed.

“States could have addressed the problem of dangerous armed citizens in this way, but they did not. When states addressed the concern at all, they addressed it by later seizing firearms from the individual rather than preventing ahead of time the acquisition of ammunition by all individuals. A sweeping background check requirement imposed every time a citizen needs to buy ammunition is an outlier that our ancestors would have never accepted for a citizen.”

In response, Attorney General Bonta said that “Benitez’s ruling puts public safety at risk. These laws were put in place as a safeguard and a way of protecting the people of California — and they work. We will move quickly to correct this dangerous mistake. Background checks save lives.”

We will seek an immediate stay of the district court decision, to maintain CA’s life-saving, constitutional ammunition laws in Rhode v. Bonta.

Background checks save lives. We’ll continue to fight to keep Californians safe and ensure these vital protections remain in place. pic.twitter.com/yNU4JD6B5w

— Rob Bonta (@AGRobBonta) January 31, 2024

In a statement, Governor Gavin Newsom agreed with Bonta:

“Like clockwork, Judge Benitez has yet again put his personal politics and fealty for the gun lobby over the Constitution and common sense. California will fight this extremist, illogical, and incoherent ruling as we defend our life-saving measures that are proven to keep our communities safe.”

However, President and general counsel of the California Rifle & Pistol Association (CRPA), Chuck Michel, added, “California’s requirement for a background check on all ammunition purchases has not made anyone safer. But it has made it much more difficult and expensive for law-abiding gun owners to exercise their Second Amendment right to defend themselves and their family. The decision is a big win. California had blocked many eligible people from getting the ammunition they need, which is the true political intent behind most of these laws.”

Ammunition background checks pursuant to the state penal code are currently enjoined thanks to the CRPA case of Rhode v. Bonta. FFLs can sell ammunition without background check restrictions. The state has already asked for a stay of the injunction, so it could change any time.

— CRPA: California Rifle & Pistol Association (@CRPAnews) February 1, 2024

Gun owners and groups around the state sided with with CRPA. “”Judge Benitez made the right call. Bonta and other people like that. They can keep using buzzwords like ‘life-saving’ all they want, but they are just hollow words, because they aren’t true,” Firearms expert and court expert witness on firearms Mel Ochoa told the Globe on Wednesday. “They’re mad because they aren’t getting their way like children. Not having background checks on ammunition means more people can protect themselves. They want to put the genie back in the bottle, but only for law-abiding gunholders and not everyone else. It’s insane.”

As of Wednesday, Bonta and the state of California are currently trying to Appeal Judge Benitez’s latest ruling.