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A federal appeals court has declared that California’s unique law mandating background checks for ammunition purchases is unconstitutional, citing a violation of the Second Amendment right to bear arms.
In a 2-1 ruling, the 9th U.S. Circuit Court of Appeals upheld a lower court’s injunction preventing the state from enforcing the law.
Circuit Judge Sandra Ikuta stated that the law significantly restricts the right to keep and bear arms and that the state failed to demonstrate its consistency with the nation’s historical firearm regulation tradition, as required by a recent U.S. Supreme Court decision.
“California’s ammunition background check regime infringes on the fundamental right to keep and bear arms by subjecting Californians to background checks for all ammunition purchases,” Ikuta wrote.
California Governor Gavin Newsom expressed disappointment in the ruling, calling it a setback to the state’s efforts to implement gun control measures aimed at reducing gun violence.
The office of Attorney General Rob Bonta stated that they are exploring legal options to protect families, schools, and neighborhoods from preventable gun violence.
California voters initially approved a ballot measure in 2016 that required gun owners to undergo background checks to purchase ammunition, with subsequent amendments mandating checks for each ammunition purchase.
The state has the option to request a review of the decision by an 11-judge appeals court panel or the U.S. Supreme Court.
Plaintiffs in the case included Olympic gold medalist Kim Rhode and the California Rifle & Pistol Association, who hailed the decision as a victory against government overreach in gun control.
The injunction against the law was issued by U.S. District Judge Roger Benitez in San Diego, with an appeals court panel temporarily halting its enforcement during the appeal process.
Circuit Judge Jay Bybee, who dissented from the ruling, criticized the majority for disregarding Supreme Court guidance and suggested that the law did not significantly restrict the right to bear arms.
All three judges on the panel were appointed by Republican presidents, although Democratic appointees hold a majority in the 9th Circuit.
Ikuta and Bybee were appointed by former President George W. Bush, while Circuit Judge Bridget Bade, who supported the majority decision, was appointed by President Donald Trump.
Reuters contributed to this report.
