Please ensure Javascript is enabled for purposes of website accessibility

Gavin Newsom’s Redistricting Plan Is on Its Way to Voters. What You Need to Know

9 hours ago

CARB Executive Leader Rips Trump’s EPA for Seeking to Kill Proven Climate Science

11 hours ago

California Lawmakers Advance First Two Bills in Democrats’ Redistricting Plan

11 hours ago

Judge Rules Alina Habba Was Unlawfully Appointed as US Attorney in New Jersey

12 hours ago

Trump Say He Will Go on Patrol in Washington With Police, Military

14 hours ago

Gov. Gavin Newsom’s Latest Role Is Social Media Troll

17 hours ago

California Supreme Court Paves the Way for Democrats’ Redistricting Plan

17 hours ago

Why COVID Is Spreading Again This Summer

2 days ago

Most Americans Believe Countries Should Recognize Palestinian State, Reuters/Ipsos Poll Finds

2 days ago
Judge Tosses California Ammunition Purchase Law
gvw_ap_news
By Associated Press
Published 5 years ago on
April 24, 2020

Share

SACRAMENTO — A federal judge on Thursday blocked a California law requiring background checks for people buying ammunition, issuing a sharply worded rebuke of “onerous and convoluted” regulations that violate the constitutional right to bear arms.

The experiment has been tried. The casualties have been counted. California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured.” — U.S. District Judge Roger Benitez

U.S. District Judge Roger Benitez in San Diego ruled in favor of the California Rifle & Pistol Association, which asked him to stop the checks and related restrictions on ammo sales.

“The experiment has been tried. The casualties have been counted. California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured,” Benitez wrote in a 120-page opinion granting the group’s motion for a preliminary injunction.

Voters approved toughening California’s already strict firearms laws in 2016, and the restrictions took effect last July.

New York was the first state to require a comprehensive ammunition background check system for each sale, but it never took effect. That left California as the first to the extend firearm background checks to each ammunition sale.

Four other states — Connecticut, Illinois, Massachusetts and New Jersey — require buyers to undergo background checks to obtain firearms or ammunition licenses that they must show when buying bullets, according to the Giffords Law Center to Prevent Gun Violence.

Hannah Shearer, the center’s litigation director, called the ruling “a dangerous step in the wrong direction” at a time when gun stores are seeing increased sales to those worried about the effect of coronavirus on society or their safety.

Photo of people lining up outside of a gun store
People wait in a line to enter a gun store in Culver City, Calif., Sunday, March 15, 2020. Coronavirus concerns have led to consumer panic buying of grocery staples, and now gun stores are seeing a similar run on weapons and ammunition as panic intensifies. (AP Photo/Ringo H.W. Chiu)

Gov. Gavin Newsom Championed the Law Before He Became Governor

“The law’s red tape and state database errors made it impossible for hundreds of thousands of law-abiding Californians to purchase ammunition for sport or self-defense,” said Chuck Michel, the association’s general counsel. “The court found that the flimsy reasons offered by the government to justify these constitutional infringements were inadequate.”

He expected the state to appeal the ruling. But in the meantime “Californians can sleep a little easier tonight knowing their Constitutional rights were restored and strengthened by this decision,” he said.

Gov. Gavin Newsom championed the law before he became governor, and spokeswoman Vicky Waters said his administration is disappointed by the decision and considering its next steps. “California’s strong gun safety laws help keep our schools and communities safe,” she said.

The state attorney general’s office said only that it is reviewing the decision. It did not immediately say if it will appeal or seek to stay the order, which takes effect immediately at a time when some California gun stores have been ordered shut because of the coronavirus. Among the places where the shops were not deemed essential businesses are Los Angeles and San Jose.

The same judge’s decision last year striking down the state’s ban on high-capacity ammunition magazines sparked a week-long buying frenzy before he halted sales while the state appeals his ruling. Gun owners similarly rushed to stockpile ammunition before the new restrictions took effect last summer.

Benitez called the ammunition background check law “onerous and convoluted” and “constitutionally defective.”

It Took an Average of Less Than 5 Minutes to Complete the Background Checks

“Criminals, tyrants, and terrorists don’t do background checks,” he wrote. “The background check experiment defies common sense while unduly and severely burdening the Second Amendment rights of every responsible, gun-owning citizen desiring to lawfully buy ammunition.”

Attorney General Xavier Becerra said in a court filing earlier this month that the background checks stopped more than 750 people from buying bullets illegally from July 2019 through January 2020, not including those who didn’t even try because they knew they weren’t eligible.

While it is intended to keep ammunition from criminals, it blocked sales to legitimate, law-abiding buyers about 16% of the time, he wrote. Moreover, he ruled that the state’s ban on importing ammunition from outside California violates federal interstate commerce laws.

Attorney General Xavier Becerra said in a court filing earlier this month that the background checks stopped more than 750 people from buying bullets illegally from July 2019 through January 2020, not including those who didn’t even try because they knew they weren’t eligible.

The law requires buyers who already are in the state’s firearm background check database to pay a $1 fee each time they buy ammunition, while others can buy longer-term licenses if they do not have certain criminal convictions or mental health commitments.

It took an average of less than 5 minutes to complete the background checks, according to state court filings.

“There is no substantial impediment,” the state said in court documents. “Ammunition purchasers must pass an eligibility check that, in the vast majority of cases, delays a purchase by a few minutes.”

Benitez ruled that the ammunition law illegally locks out-of-state vendors out of California’s market, and that it conflicts with a federal law allowing gun owners to bring their firearms and ammunition through California.

The lawsuit by California Rifle & Pistol Association was joined by out-of-state ammunition sellers and California residents, including Kim Rhode. She has won six Olympic shooting medals.

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Gavin Newsom’s Redistricting Plan Is on Its Way to Voters. What You Need to Know

DON'T MISS

Singer Lil Nas X Arrested After Charging at Officers, Police Say

DON'T MISS

Fresno Doctor on Bubonic Plague: It’s Rare But It’s Out There. Prevention Is Key

DON'T MISS

My Friend Joseph Castro, Former Fresno State President and CSU Chancellor, Is Receiving Hospice Care

DON'T MISS

More Americans Applying for Refugee Status in Canada, Data Shows

DON'T MISS

US Supreme Court Lets Trump Cut Diversity-Related NIH Grants

DON'T MISS

CARB Executive Leader Rips Trump’s EPA for Seeking to Kill Proven Climate Science

DON'T MISS

California Lawmakers Advance First Two Bills in Democrats’ Redistricting Plan

DON'T MISS

US State Department Says Continuous Vetting Covers 55 Million Visa Holders

DON'T MISS

Judge Rules Alina Habba Was Unlawfully Appointed as US Attorney in New Jersey

UP NEXT

CARB Executive Leader Rips Trump’s EPA for Seeking to Kill Proven Climate Science

UP NEXT

California Lawmakers Advance First Two Bills in Democrats’ Redistricting Plan

UP NEXT

Trump Administration Cuts California Grant Over Transgender Policies

UP NEXT

Gov. Gavin Newsom’s Latest Role Is Social Media Troll

UP NEXT

James Dobson, American Evangelical Activist, Dies at 89

UP NEXT

California Supreme Court Paves the Way for Democrats’ Redistricting Plan

UP NEXT

Top Dem on Oversight Committee Demands Trump Administration Account for Wildland Firefighter Vacancies

UP NEXT

Poll: California Dems Favor Newsom Over Harris in 2028 Matchup

UP NEXT

‘Moral Conflict’ Drives Dem Doubts About Newsom’s Redistricting Plan

UP NEXT

Why COVID Is Spreading Again This Summer

My Friend Joseph Castro, Former Fresno State President and CSU Chancellor, Is Receiving Hospice Care

10 hours ago

More Americans Applying for Refugee Status in Canada, Data Shows

10 hours ago

US Supreme Court Lets Trump Cut Diversity-Related NIH Grants

11 hours ago

CARB Executive Leader Rips Trump’s EPA for Seeking to Kill Proven Climate Science

11 hours ago

California Lawmakers Advance First Two Bills in Democrats’ Redistricting Plan

11 hours ago

US State Department Says Continuous Vetting Covers 55 Million Visa Holders

12 hours ago

Judge Rules Alina Habba Was Unlawfully Appointed as US Attorney in New Jersey

12 hours ago

Fresno Man with Prior Felonies Charged with Meth, Fentanyl, and Ammunition

12 hours ago

Fresno Goes to Court to Fight Trump Rule Stripping Grants Over Woke Language

12 hours ago

‘Where’s the Humanity in This?’ Hear ICE Detainee Describe Being Ripped From Family

13 hours ago

Gavin Newsom’s Redistricting Plan Is on Its Way to Voters. What You Need to Know

This story was originally published by CalMatters. Sign up for their newsletters. Gov. Gavin Newsom’s plan to counter President Donald Trump...

9 hours ago

California State Sen. Christopher Cabaldon
9 hours ago

Gavin Newsom’s Redistricting Plan Is on Its Way to Voters. What You Need to Know

Lil Nas X attends the Vanity Fair Oscars party after the 97th Academy Awards, in Beverly Hills, California, U.S., March 2, 2025. (Reuters File)
9 hours ago

Singer Lil Nas X Arrested After Charging at Officers, Police Say

bubonic plague squirrel
10 hours ago

Fresno Doctor on Bubonic Plague: It’s Rare But It’s Out There. Prevention Is Key

Joseph Castro (right), former Fresno State president and CSU chancellor, is receiving hospice care, with his family requesting privacy and prayers while community members can share messages of support online. (Special to GV Wire)
10 hours ago

My Friend Joseph Castro, Former Fresno State President and CSU Chancellor, Is Receiving Hospice Care

Flags fly above the Peace Arch, at a Canada-U.S. border crossing known as the Peace Arch Border Crossing in Blaine, Washington, U.S. April 2, 2025. (Reuters File)
10 hours ago

More Americans Applying for Refugee Status in Canada, Data Shows

General view shows The United States Supreme Court, in Washington, U.S., February 8, 2024. (Reuters File)
11 hours ago

US Supreme Court Lets Trump Cut Diversity-Related NIH Grants

Dr. Steven Cliff
11 hours ago

CARB Executive Leader Rips Trump’s EPA for Seeking to Kill Proven Climate Science

California Governor Gavin Newsom speaks to the press after a hearing on the use of National Guard troops amid federal immigration sweeps, at the California State Supreme Court in San Francisco, California, U.S., June 12, 2025. (Reuters FIle)
11 hours ago

California Lawmakers Advance First Two Bills in Democrats’ Redistricting Plan

Search

Help continue the work that gets you the news that matters most.

Send this to a friend