Preliminary Injunction Issued Blocking California’s Ammo Background Check Law

Preliminary Injunction Issued Blocking California’s Ammo Background Check Law

US District Court Judge Roger Benitez has issued an injunction blocking enforcement of California’s ammunition background check law in the case Rhode vs. Becerra.

Judge Roger Benitez wrote in part:

“Law-abiding citizens are imbued with the unalienable right to keep and bear firearms along with the ammunition to make their firearms work. That a majority today may wish it were otherwise, does not change the Constitutional right. It never has.”

This, of course, is not the end of the matter. This is only a preliminary injunction but it is a big victory for the California Rifle and Pistol Association. CRPA President Chuck Michel called the Judge’s decision a “constitutional work of art”.

In another part of Judge Benitez’s 120- page ruling, he goes on to write:

“This right was respected in California until July 1, 2019. Once a citizen’s right, purchasing ammunition has now become a matter of government license and largesse. As a result, California’s gun laws have become even more complicated.”

In California, the State has enacted incrementally a burdensome web of restrictions on the Second Amendment rights of law-abiding responsible gun owners. The ammunition background check system and antiimportation laws add even more complexity, and there are more laws on the way. While this motion has been pending, the Governor has signed a raft of new “gun violence prevention” laws into existence (including a firearm precursor part background check).

Here are just a few firearm-related laws California already has:

  • a universal background check for firearms
  • an “assault weapon” ban
  • a ban on magazines holding more than 10 rounds
  • a gun registry
  • firearm confiscation orders
  • a minimum gun purchase age of 21 years
  • a limit of one firearm purchase per month
  • a requirement that would-be gun buyers first earn a safety certificate
  • a 10-day waiting period on gun purchases even for persons who already own a firearm
  • a ban on campus carry for self-defense
  • a ban on K-12 teachers being armed for self-defense
  • a ban on openly carrying a firearm
  • a highly restrictive California concealed carry law
  • a moribund roster of handguns permitted for retail sale

With its newest over-arching and sweeping background check system, the State completely chokes off many law-abiding responsible gun owners while burdening all citizens who want to buy ammunition. Another pesky loophole closed.”

Clearly this Judge gets the absurdity of all the gun control laws in California.

So for the moment at least, Californians can purchase ammo without a background check and across state lines. Reportedly, multiple online ammo dealers are already shipping ammo to CA, assuming they have any (read the caliper you need) left. Better not wait.

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Mark Ehlen is a USCCA certified firearms instructor, a MN DNR Firearms Safety instructor, high school trap shooting coach and a writer. As one of his uncles ran Federal Cartridge Corp for many years and his father retired from there, firearms and ammo are second nature to him. His firearms instruction is aimed at helping new shooters have a positive experience as well as understanding the practical and legal side of concealed carry. Mark can be reached at Marksmanship Firearms Training.
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