California Attorney General Rob Bonta's request to the Ninth Circuit Court of Appeals means California's ammo background check law remains in effect. (GV Wire Composite/Paul Marshall)

- A request from AG Rob Bonta means that the California law requiring background checks for ammo remains in effect.
- The 9th Circuit Court of Appeals in July ruled that the California law violated the Second Amendment.
- The law also effectively ended direct-to-home shipments of ammunition.
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While many gunowners praised a recent court decision reversing California’s law requiring background checks for ammunition, a new legal hurdle means the rules remain in effect.
Attorney General Rob Bonta this week requested the Ninth Circuit Court of Appeals do a full review of their recent ruling invalidating Proposition 63 — the 2016 law requiring background checks for ammunition, according to a news release from the Ammunition Depot.
The law also effectively ended direct-to-home sales of ammunition in the state.
Bonta’s en banc review request means that until the appeals court does a full review, the law stays. A sales associate at The Range in Fresno said many online customers had ammo orders canceled and refunded.
“We know this is frustrating for California gun owners who were hopeful the recent court decision would restore their ammo buying freedom right away,” said Seth Weinstein, founder of Ammunition Depot. “Unfortunately, the victory is on hold because the State of California is fighting tooth and nail to keep these restrictions in place.”
2nd Amendment Protections Include Ammo: 9th Circuit
If accepted by the court, the review process could take several months, the release stated. A larger panel of judges will then look at the case.
On July 24, a three-panel court sided with the lower district court ruling saying that ammo background checks violate the Second Amendment.
“Because California’s ammunition background check regime violates the Second Amendment, the panel held that the district court did not abuse its discretion in granting a permanent injunction,” the court opinion states.
Prop. 63 required face-to-face transactions for all ammo purchases. Background checks typically cost about $1 and added additional wait times, but the law also meant online ammo purchases had to go to a licensed firearm dealer.
Lead plaintiff and Olympic shooter Kim Rhode sued Bonta in 2018, calling the law unconstitutional.
The court upheld that ammunition — though not expressly mentioned in the Second Amendment — still gets protection.
“The text of the Second Amendment applies to the right to keep and bear operable arms, which includes the right to have ammunition,'” the ruling stated.
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