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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.

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Louisiana: House Passes Constitutional Carry, Now Headed to Gov. Landry’s Desk for His Signature

Wednesday, February 28, 2024

Louisiana: House Passes Constitutional Carry, Now Headed to Gov. Landry’s Desk for His Signature

Today, the House voted 75-28 to pass Senate Bill 1, the NRA-backed constitutional carry legislation that passed the Senate last week.

Louisiana: Constitutional Carry Advances to the House Floor – Final Vote Imminent

Monday, February 26, 2024

Louisiana: Constitutional Carry Advances to the House Floor – Final Vote Imminent

Today, the House Administration of Criminal Justice Committee passed the NRA-backed constitutional carry legislation, Senate Bill 1, by a 10-3 vote. The bill now heads to the House floor for a final vote this week. SB 1 ...

Washington: Two Anti-Gun Bills Advance Through the Legislature

Wednesday, February 28, 2024

Washington: Two Anti-Gun Bills Advance Through the Legislature

On Tuesday, February 27th, HB 2118, the “FFL Killer” passed the Senate, and SB 5444, "sensitive places" expansion, passed the House. Both bills were amended in the second chamber and now must return to their ...

Maine: PETITION: Stand with Maine Gun Retailers

Monday, February 26, 2024

Maine: PETITION: Stand with Maine Gun Retailers

Gun Control groups are launching an all-out assault on the Second Amendment in Maine. Their most recent tactic?

Maine: Gun Registries, Red Flags, Universal Background Checks and more.

Tuesday, February 27, 2024

Maine: Gun Registries, Red Flags, Universal Background Checks and more.

It has been a busy week for Maine’s anti-gun politicians. From releasing a new bill that would implement Universal Background Checks and Red Flag laws in Maine, to Rep. Jared Golden (ME-02) pushing for a ...

Minnesota: Two Anti Gun Bills Scheduled to be Heard in Committee

Wednesday, February 28, 2024

Minnesota: Two Anti Gun Bills Scheduled to be Heard in Committee

On Thursday February 28th at 10:30 am, House File 601 and House File 4300 will be heard in Room 200 of the State Office Building by the Public Safety Finance and Policy Committee and the Children and ...

South Dakota: Enhanced Conceal Carry Bill Passed in Committee

Tuesday, February 27, 2024

South Dakota: Enhanced Conceal Carry Bill Passed in Committee

Yesterday, Senate Bill 203 was passed in the House Judiciary Committee with a vote of 11-1 and will be heard on the House floor today, February 27th. The bill allows gun owners with enhanced concealed ...

Minnesota: "Assault Weapons" Ban Referred to the Committee on Public Safety Finance and Policy

Wednesday, February 14, 2024

Minnesota: "Assault Weapons" Ban Referred to the Committee on Public Safety Finance and Policy

On Monday, House File 3570 was referred to the House Committee on Public Safety Finance and Policy and would ban so called “assault weapons” by expanding upon an existing statute used to define these firearms. The bill ...

South Carolina: Permitless Carry Passes the Senate, Waiting on Concurrence by the House

Tuesday, February 6, 2024

South Carolina: Permitless Carry Passes the Senate, Waiting on Concurrence by the House

Last week, South Carolina moved one step closer to becoming the 28th state to enact Permitless/Constitutional Carry! This effort has been years in the making, clearing a major hurdle by passing the Senate, which has been ...

Louisiana: Senate Passes Constitutional Carry - Take Action Now!

Thursday, February 22, 2024

Louisiana: Senate Passes Constitutional Carry - Take Action Now!

Today, the Senate passed Senate Bill 1, NRA backed constitutional carry legislation, on a 28-10 vote. The bill will next be considered in the House. Please contact your state representative and ask them to SUPPORT Senate Bill 1.

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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.