Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

Rhode challenges California’s burdensome restrictions on ammunition purchases, including the requirement that purchasers undergo a background check for every ammunition purchase.

On January 30, 2024, the district court struck down the ammunition restrictions for violating the Second Amendment. The State appealed, but on July 24, 2025, a Ninth Circuit three-judge panel affirmed the district court’s ruling and entered a permanent injunction preventing enforcement of the law. Applying the text-and-history test set forth in the NRA’s landmark Supreme Court victory, NYSRPA v. Bruen, the panel held that the ammunition restrictions burden conduct covered by the Second Amendment’s plain text and lack any historical analogue.   

The State petitioned for rehearing en banc on August 7, 2025. Yesterday, the Ninth Circuit granted the petition and scheduled en banc oral arguments for the week of March 23, 2026.

The NRA will continue to fight California’s unconstitutional ammunition restrictions and the many other laws that infringe on Californians’ right to keep and bear arms.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit www.nraila.org/litigation to keep up to date on NRA-ILA’s ongoing litigation efforts.