Ammunition Background Check Law Overturned

In Ammunition, CA Law by Jim

**April 25 2020 Update**

Well, that didn’t last long! The 9th Circuit Has Stayed the District Court’s Injunction Order which has ended “Freedom Week 2.0”! The fight for freedom goes on, but we are back to ammunition sales restrictions for now.

Below is the original post written about the Injunction, which as of April 25th 2020 is no longer valid.

At the time of this writing, April 23 2020, Judge Roger Benitez has overturned California’s ammunition background check law, saying it violates the second amendment of the constitution. This is a huge (but likely short-lived) win for California gun owners in their fight against California’s over-reaching gun laws.

US District Court Judge Roger Benitez, the same District Court judge who created the first “Freedom Week” allowing purchases on standard capacity magazines, has issued an injunction blocking enforcement of the background check law for ammunition sales. The anti-gun leadership of California will most likely shut things down soon, much like they did on the first “Freedom Week”. So if you’re reading this now in the short window, stock up while you can!

What this Means

With this law being overturned, it means you as a California citizen can do the following (until leadership of the Golden State stops it) without a background check:

  • You can have ammunition shipped directly to your door from any online vendors like Brownell’s without going through a FFL. Just like the good old days!
  • You can buy or sell ammunition from private parties (meaning regular people) without going through a FFL.

The laws regarding background checks for firearms remain unchanged and you still need to pass a background check for that gun you’ve been wanting to purchase.

More on the Injunction

Benitez had the following to say on the over-reaching ammunition background check law:

“Law-abiding citizens are imbued with the unalienable right to keep and bear firearms along with the ammunition to make their firearms work. That a majority today may wish it were otherwise, does not change the Constitutional right. It never has. California has tried its unprecedented experiment. The casualties suffered by law abiding citizens have been counted.”

And lastly:

“Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order, are enjoined from implementing or enforcing the ammunition sales background check provisions found in California Penal Code §§ 30370(a) through (d) and 30352, and the ammunition anti-importation provisions found in §§ 30312(a) and (b), and 30314(a) as well as the criminal enforcement of California Penal Code §§ 30365, 30312(d) and 30314(c).”

To see the ruling in its entirety, click here.