California Judge HALTS Controversial Ammo Background Check Law

U.S. District Judge Roger Benitez, based in San Diego, issued the ruling on Tuesday, stating that the gun control measure lacks "historical pedigree" and infringes upon the Second Amendment rights of citizens.

Judge Benitez, appointed by President George W. Bush, wrote, "A sweeping background check requirement imposed every time a citizen needs to buy ammunition is an outlier that our ancestors would have never accepted for a citizen." He further criticized the high rejection rate of law-abiding gun owners who were denied ammunition purchases following background checks.

"The 2019 rejection rate was 16%. Overwhelmingly, the rejections were either because the state had no record of gun ownership or because of personal identifier mismatches," Benitez noted. "One would expect problems and errors in a new system as extensive and ungainly as California's unprecedented ammunition background check system. Unfortunately, today the background check rejection rate is lower at 11%, but it is still too high."

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In response to the ruling, Judge Benitez issued a permanent injunction, preventing the law's enforcement while the state appeals to the 9th U.S. Circuit Court of Appeals.

California's Attorney General, Democrat Rob Bonta, defended the laws, stating, "These laws were put in place as a safeguard and a way of protecting the people of California, and they work. Background checks save lives."

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February 02, 2024

California Governor Gavin Newsom, also a Democrat, criticized Judge Benitez's decision, accusing him of prioritizing personal politics and the gun lobby over the Constitution and common sense. "Like clockwork, Judge Benitez has yet again put his personal politics and fealty for the gun lobby over the Constitution and common sense," Newsom said. "California will fight this extremist, illogical, and incoherent ruling as we defend our life-saving measures that are proven to keep our communities safe."

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The ammunition background check law, approved by voters in 2016 and amended by the legislature in 2019 to include each ammunition purchase, was challenged by Olympic gold medalist shooter Kim Rhode and the California Rifle & Pistol Association.

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Chuck Michel, president and general counsel of the group, hailed the decision as a "big win," stating that California had "blocked many eligible people from getting the ammunition they need, which is the true political intent behind most of these laws."

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California had cited numerous laws dating back to 1789 as "historical analogues" for ammunition background checks, including restrictions that prohibited slaves, Indians, and others from buying ammunition. However, Judge Benitez dismissed this argument, stating, "these repugnant historical examples of prejudice and bigotry" against individuals who were not granted constitutional rights do not justify similar restrictions now on individuals protected by the Constitution.

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Judge Benitez's ruling was based on the U.S. Supreme Court's landmark 2022 decision that broadened gun rights nationwide. The high court stated that judges must evaluate whether a proposed firearm regulation aligns with "this nation's historical tradition of firearm regulation" when faced with decisions that could affect gun rights.

The case is known as Rhode et al. v. Bonta.

This report includes contributions from Reuters.