California law requiring background checks for ammunition is unconstitutional, federal court rules

The Ninth Circuit Court of Appeals has ruled that California’s law requiring background checks for the purchase of ammunition violates the Second Amendment. In a 2-1 decision, the court upheld a lower court’s permanent injunction blocking enforcement of the law. The law has been backed by Democrat Govenor of California Gavin Newsom. 

Judge Sandra Ikuta wrote for the majority, "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. Because California’s ammunition background check regime violates the Second Amendment, the district court did not abuse its discretion in granting a permanent injunction."

"We conclude that California’s ammunition background check meaningfully constrains the right to keep operable arms," Ikuta wrote. "California’s ammunition background check regime regulates all ammunition acquisitions by California residents; the regime applies not only to every transaction in California but also to ammunition purchases by California residents outside the state."

The law requires Californians to "pay for and complete an in-person background check before each ammunition acquisition," and some portions of the law "inherently cause some amount of delay."

"After approval, moreover, a California resident may be required to purchase ammunition during a specified period of time— e.g., 18 hours—after passing a background check. The regime applies to all types of ammunition, and California residents cannot avoid the background check requirements by taking advantage of internet or out-of-state sales. Rather, out-of-state purchases are subject to additional delays and fees."

"Given the fees and delays associated with California’s ammunition background check regime, and the wide range of transactions to which it applies, we conclude that, in all applications, the regime meaningfully constrains California residents’ right to keep and bear arms."

In a statement, Governor Gavin Newsom said, "Strong gun laws save lives – and today’s decision is a slap in the face to the progress California has made in recent years to keep its communities safer from gun violence. Californians voted to require background checks on ammunition and their voices should matter."