Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Judge Enjoins California’s Unconstitutional Ammunition Background Check Law, Again

Thursday, February 1, 2024

Judge Enjoins California’s Unconstitutional Ammunition Background Check Law, Again

For a second time, a federal judge has issued an injunction preventing California from enforcing its ammunition background check law, holding that it infringes on the right to keep and bear arms, the Constitution’s Commerce Clause, and is preempted by the Firearm Owners’ Protection Act.

California has a very complicated process for buying ammunition. The voters passed Proposition 63 in 2016. Proposition 63 required individuals who wished to obtain ammunition to first get a license to do so and to present that license when purchasing. But the California legislature had other ideas. It “preemptively amended” Proposition 63 with a much more complicated process.

Now individuals who want to purchase ammunition must do it in a face-to-face transaction in the state—online sales are prohibited. And they must pass a background check every time. But there are four different types of ammunition background checks, costing between one and nineteen dollars per background check. This “ungainly” system denied 16% of the people falsely when back in 2019, when the court first enjoined it. And California has struggled to get that rate down. It sits at 11% today. That “is still too high,” the court said.

Even worse for California were its attempt to show that the law was consistent with the historical tradition of firearms regulation that establishes the limitations on the Second Amendment. It cited 50 laws restricting or prohibiting the transfer of a firearm or ammunition to slaves, blacks, Native Americans, mixed-race, and other minorities as justification for the law. The court had nothing to do with it: “These fifty laws identified by the Attorney General constitute a long, embarrassing, disgusting, insidious, reprehensible list of examples of government tyranny towards our own people.”

The court also found that the case violated the commerce clause because the in-state transaction requirement was designed to benefit California vendors at the detriment of out-of-state vendors. And it finally found that the requirement that individuals buy the ammo in-state was preempted by the Firearms Owners’ Protection Act, which allows individuals to transport firearms and ammunition across state lines under certain conditions.

The case is captioned Rhode v. Bonta. It is an NRA-supported case.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

TRENDING NOW
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Biden Was Right on Veterans Before He was Wrong; Now Congress Tightens the Reins

Monday, June 10, 2024

Biden Was Right on Veterans Before He was Wrong; Now Congress Tightens the Reins

In March, we reported on an appropriations rider that corrected a longstanding and shameful practice by the Department of Veterans Affairs (VA) of reporting beneficiaries to NICS as “mental defectives” prohibited from having guns, merely ...

Chicago Crime Alerts – Pernicious Perception or an Inconvenient Truth?

Monday, June 10, 2024

Chicago Crime Alerts – Pernicious Perception or an Inconvenient Truth?

Earlier this year, Chicago city council member Leni Manaa-Hoppenworth made steering-wheel locks available for free to interested residents. The message she shared was that “[s]afety is a top priority for our office. We believe that everyone deserves ...

New York: End-of-Session Typically Means More Gun Control

Wednesday, June 5, 2024

New York: End-of-Session Typically Means More Gun Control

New York is entering the final days of the 2024 legislative session and a flurry of gun control is swirling in Albany. With anti-gun super majorities and limited debate, the unrelentless appetite to penalize gun ...

New York: Legislature Wraps Up 2024 Regular Session

Tuesday, June 11, 2024

New York: Legislature Wraps Up 2024 Regular Session

Gun owners have reason to celebrate when lawmakers drop the final gavel in Albany. Late Friday night, legislators finished their work and mercifully called it quits. It was a mixed bag for gun owners as the Legislature ...

NRA Secures Landmark Legal Victory; Supreme Court Unanimously Rules for NRA in First Amendment Case Against Former New York Regulator

News  

Thursday, May 30, 2024

NRA Secures Landmark Legal Victory; Supreme Court Unanimously Rules for NRA in First Amendment Case Against Former New York Regulator

The National Rifle Association of America (NRA) scored a historic legal victory today in one of the most closely followed First Amendment cases in the nation. In a stinging rebuke of New York’s “blacklisting campaign” against ...

The State of Crime: A Steep Decline, or Another Bidenesque Wild Story?

News  

Monday, May 6, 2024

The State of Crime: A Steep Decline, or Another Bidenesque Wild Story?

In his State of the Union address this year, President Joe Biden proclaimed that “Americans deserve the freedom to be safe, and America is safer today than when I took office,” boasting that “[l]ast year, the murder ...

Michigan: Governor’s New Budget Includes $2.6 Million for Red-Flag Laws

Tuesday, June 11, 2024

Michigan: Governor’s New Budget Includes $2.6 Million for Red-Flag Laws

Governor Gretchen Whitmer announced her recommendations for the upcoming budget, which included the use of taxpayer funds for Michigan’s new red-flag law and other gun-control measures. The governor recommended $2.6 million for the implementation of ...

California: Mandatory Storage Legislation Scheduled for Committee Hearing

Thursday, June 6, 2024

California: Mandatory Storage Legislation Scheduled for Committee Hearing

On Tuesday, June 11th, the California State Assembly Committee on Public Safety will hold a public hearing on Senate Bill 53 to impose strict storage mandates on California’s law-abiding gun owners. 

Understanding SCOTUS Denials of Certiorari

News  

Tuesday, June 4, 2024

Understanding SCOTUS Denials of Certiorari

On May 20, the United States Supreme Court denied certiorari in Bianchi v. Brown, a challenge to Maryland’s ban on “assault weapons.”

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.