Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California Court of Appeals Confirms Ruling Striking Down Ammunition Sales Restrictions

Thursday, November 7, 2013

On November 6, 2013, the California Court of Appeals for the 5th District affirmed the lower court’s issuance of a permanent injunction in the NRA/CRPA backed legal challenge to Assembly Bill (AB) 962, Parker v. California.  AB 962 would have banned mail order ammunition sales and required all purchases of so-called "handgun ammunition" to be registered.   The court’s 41 page published opinion confirms that AB 962 is unconstitutionally vague and cannot be enforced. 

The appellate decision comes approximately two years after the trial court issued a dramatic ruling giving gun owners a win just days before the law was set to take effect in 2010.   The appellate court’s decision confirms that mail order ammunition sales to California can continue and ammunition sales need not be registered under current law.

The lawsuit, litigated by the NRA’s California counsel at Michel and Associates, P.C., was prompted in part by the many objections and questions raised by confused police, ammunition purchasers, and sellers about what ammunition would have been covered by AB 962.  In a move that reflects growing law enforcement opposition to ineffective gun control laws, former Tehama County Sheriff Clay Parker was the lead plaintiff in the lawsuit.  Other plaintiffs included the CRPA Foundation, Herb Bauer Sporting Goods, ammunition shipper Able’s Ammo, collectible ammunition shipper RTG Sporting collectibles and individual Steven Stonecipher.

In addition to these plaintiffs, Mendocino Sheriff Tom Allman, along with ammunition shippers Midway USA, Natchez Shooters Supplies and Cheaper Than Dirt also submitted declarations in support of the lawsuit.  Amicus briefs were submitted to the Court of Appeals by the Law Enforcement Alliance of America, Gun Owners of California, and FFLGuard.

The Court of Appeals agreed with plaintiffs’ claims that AB 962 is unconstitutionally vague because it fails to provide sufficient notice of what ammunition is "principally for use in a handgun," and thus considered "handgun ammunition" under the law.  The court explained that it would be practically impossible for consumers, retailers, and law enforcement to determine whether any of the thousands of different types of ammunition cartridges that can be used in handguns are actually used more often in a handgun.  The proportional usage of any given cartridge is impossible to determine, and it changes with market demands.

The legislature itself was well aware of the vagueness problem with AB 962 and tried, but failed, to redefine the law.  Rather than provide a clear list of the ammunition that would be prohibited, however, the legislature used the amendments as an attempt to expand the law to apply to even more types of ammunition, and also tried to expand the law in other ways.

The opinion also confirmed the applicable standard of review that should be applied in constitutional vagueness challenges, a larger legal issue that has been unsettled by the courts for years.  The Court expressly confirmed that a law need not be vague in every conceivable application to be found unconstitutionally vague on its face, particularly when the law regulates constitutionally-protected activity, in this case the transfer of ammunition. In that respect the opinion brings some much needed clarity to this general area of the law.

Despite this common sense win over ill-conceived and counter-productive laws, additional legislation on this and related subjects will no doubt be proposed in the future.   Those who believe in the right to keep and bear arms must stay informed and make their voices heard in Sacramento.  To help, sign up for legislative alerts at www.nraila.com and www.calnra.com and respond when called upon.  To assist in the fight against these persistent attacks on gun owners’ rights in California, please also donate to the NRA Legal Action Project today. 

Second Amendment supporters should also be careful about supporting well intentioned, but unfortunately counterproductive litigation brought by individuals and groups without access to the necessary funding, relationships, firearm experts, and experienced lawyers on the NRA's national legal team.  The NRA's team of highly regarded civil rights attorneys and scholars has the resources, skill, and expertise to maximize the potential for victory. For a summary of the many actions the NRA legal team has taken or is currently taking on behalf of California gun owners, click here.

 

TRENDING NOW
The Fight to Protect the Firearms Industry Continues

News  

Wednesday, September 23, 2026

The Fight to Protect the Firearms Industry Continues

The political lawfare campaign to dismantle the lawful firearms industry by holding it liable for the criminal misuse of its constitutionally protected products should have never started. U.S. tort law has long held that a ...

Taxpayer-Funded Orgs Bankroll Ad Council “Children” and Firearms Propaganda

News  

Monday, October 27, 2025

Taxpayer-Funded Orgs Bankroll Ad Council “Children” and Firearms Propaganda

The idiot box has been living up to the nickname.

Australia’s Gun Laws, Failing in Different Ways

News  

Monday, June 2, 2025

Australia’s Gun Laws, Failing in Different Ways

Everything is relative, so the saying goes, which means that once in a while, it’s instructive to read about the gun laws and the state of gun rights in other countries. 

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

News  

Monday, October 5, 2026

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

A new bill introduced in Congress proposes to regulate “lethal air guns” as firearms under the Gun Control Act of 1968, as amended (GCA). Yet the risk of fatalities and criminal misuse from air guns ...

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

News  

Monday, October 5, 2026

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

Americans have willingly, and sometimes unwillingly, surrounded themselves with technology that watches, listens, records, and remembers. Cars know how and where we drive. Phones track just about everything in our daily routines. 

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

News  

Monday, October 5, 2026

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

It’s often been said that gun control is really about people control. Understanding this, the megalomania gun control advocates exhibit in their never-ending pursuit to control others displays a zealotry often associated with religious fundamentalism.

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

News  

Monday, October 5, 2026

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

While the state of Missouri is considered a pro-Second Amendment state—including having Constitutional Carry—the City of St. Louis has a tendency to try to go its own way on the matter. The recent case of ...

The New Battleground for Second Amendment Rights: Global Online Content

News  

Monday, October 5, 2026

The New Battleground for Second Amendment Rights: Global Online Content

Artificial intelligence (AI) chatbots – computer programs on websites, messaging apps, and social media platforms designed to simulate human conversation through text or voice – are now ubiquitous. Asked how widespread AI usage is, a ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

News  

Monday, September 28, 2026

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

Jay Jones, the anti-gun but pro-bullets to the head Virginia attorney general, announced on September 15 the creation of the Firearms Accountability & Industry Responsibility (FAIR) Unit within the Civil and Criminal Justice & Public ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.