Huge Second Amendment win in California ammo case


A federal judge blocked a California gun law on Thursday that required people to undergo a background check before purchasing ammunition.

U.S. District Judge Roger Benitez in San Diego called the regulations “onerous, convoluted, and constitutionally defective,” adding that they violate a citizen’s Second Amendment rights, the Associated Press reported.

Benitez ruled in favor of the California Rifle & Pistol Association, which had asked him to halt the background checks with a preliminary injunction.

“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 his 120-page opinion.


“Criminals, tyrants, and terrorists don’t do background checks,” he added. “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.”

Benitez reportedly stated that the law blocked legitimate sales to law-abiding citizens, about 16 percent of the time. He also ruled that California’s ban on importing ammo from outside the state violates federal interstate commerce laws.

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.

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.

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