Ninth Circuit Strikes Down California's Ammunition Background Check Law as Unconstitutional

EXCLUSIVE UPDATE: California Ammo Background Check Law Still in Effect Despite Court Ruling

Federal Appeals Court Rules State's First-in-Nation Requirements Violate Second Amendment Rights

In a landmark decision issued today, the U.S. Court of Appeals for the Ninth Circuit ruled that California's groundbreaking ammunition background check system violates the Second Amendment of the U.S. Constitution. The 2-1 decision in Rhode v. Bonta strikes down the state's requirement that gun owners undergo background checks for every ammunition purchase, marking a significant victory for gun rights advocates.

The Court's Ruling

Writing for the majority, Judge Sandra Ikuta held that California's ammunition background check regime "meaningfully constrains the right to keep and bear arms" and lacks any historical precedent to justify such restrictions. The court applied the Supreme Court's 2022 Bruen decision framework, which requires gun regulations to be consistent with the nation's historical tradition of firearm regulation.

"By subjecting Californians to background checks for all ammunition purchases, California's ammunition background check regime infringes on the fundamental right to keep and bear arms," Judge Ikuta wrote in the majority opinion.

The decision permanently enjoins California from enforcing:

• Background check requirements for ammunition purchases (Cal. Penal Code §§ 30352 and 30370)
• Face-to-face transaction requirements for ammunition sales
• Restrictions on California residents bringing ammunition purchased out-of-state into California

California's Unique System

California became the first state in the nation to require background checks for ammunition purchases when Proposition 63 took effect in July 2019. The system requires buyers to:

1. Standard Check ($1): For those with recent firearm purchases in the state database
2. Basic Check ($19): For those without recent firearm records, taking 5-6 days on average
3. Certificate of Eligibility ($22 annually + $1 per purchase): For frequent ammunition buyers
4. Purchase with Firearm: Subject to the same 10-day waiting period as firearms

All transactions must be conducted face-to-face with licensed vendors, effectively banning direct online sales to consumers.

What This Means for Consumers

Immediate Impact:

• California residents will no longer need to undergo background checks to purchase ammunition
• Online ammunition purchases can be shipped directly to consumers, ending the requirement to route through licensed dealers
• Out-of-state ammunition purchases can be brought into California without restriction
• The various fees associated with ammunition purchases ($1-$19 per transaction) will no longer apply

Practical Changes:

• Easier Access: Ammunition purchases will become as simple as buying any other sporting goods item
• Cost Savings: Elimination of background check fees and processing charges
• Convenience: Direct online ordering without the need for in-person pickup at licensed dealers
• No More Delays: Instant purchases without waiting for background check approvals
• Interstate Freedom: California residents can purchase ammunition while traveling and bring it home

The Dissenting View

Judge Jay Bybee, writing in dissent, argued that California's system should be upheld, noting that "the vast majority of its checks cost one dollar and impose less than one minute of delay." He warned that the majority's decision effectively makes "any regulation of sales of ammunition...presumptively unlawful."

Historical Context and Legal Reasoning

The court found that California failed to identify any relevant historical analogues from the founding era or Reconstruction period that would justify such comprehensive background check requirements. The majority distinguished California's system from concealed carry licensing, which the Supreme Court has indicated may be constitutional, noting that ammunition background checks apply to every single transaction rather than providing multi-year authorizations.

Looking Ahead

While this ruling represents a significant victory for gun rights advocates, several factors may affect its immediate implementation:

1. Appeal Possibility: California may appeal to the full Ninth Circuit (en banc review) or directly to the U.S. Supreme Court
2. Stay Pending Appeal: The state may request that the injunction be stayed while appeals proceed
3. Legislative Response: California lawmakers may attempt to craft new regulations that could pass constitutional muster

National Implications

This decision could have far-reaching effects beyond California:

• Other States: New York, which recently implemented similar ammunition background checks, may face comparable legal challenges
• Federal Legislation: The ruling may impact discussions about federal ammunition regulations
• Second Amendment Jurisprudence: The decision further defines the scope of constitutional protections following the Supreme Court's Bruen decision

Expert Perspectives

Gun rights advocates celebrated the decision as a restoration of constitutional rights. The plaintiff organizations, including the California Rifle & Pistol Association and Olympic shooter Kim Rhode, argued that the requirements created unnecessary barriers for law-abiding citizens.

California officials, led by Attorney General Rob Bonta, defended the system as a common-sense measure to keep ammunition away from prohibited persons and reduce gun violence.

The Bottom Line

For California's estimated 10 million gun owners, this ruling removes what the court deemed an unconstitutional barrier to exercising their Second Amendment rights. Ammunition purchases in California will likely return to pre-2019 procedures, where buyers could purchase ammunition as easily as any other retail item, without background checks, waiting periods, or special fees.

However, given the controversial nature of gun regulations and California's history of defending its gun laws, this decision is unlikely to be the final word on ammunition background checks in the Golden State.

• The ruling is not guaranteed to take effect immediately—unless the Ninth Circuit issues the
  mandate right away and no further stay is granted. EXCLUSIVE UPDATE: California Ammo Background Check Law Still in Effect Despite Court Ruling
• Expect a short waiting period while the state decides whether to appeal, and the court
  determines whether to keep a stay in place.
• Monitor court orders and official state notices for the precise date the law change