January 1, California Ammo Law Overturned: Judge Defends Second Amendment

U.S. District Judge Roger Benitez has ruled against California’s strict ammunition purchase laws, effectively eliminating the requirement for residents to undergo and finance a background check with each bullet purchase, according to the Associated Press (AP). The ruling takes effect immediately and challenges the state’s unique position on ammunition control, which previously mandated background checks for every transaction, with fees ranging between $1 and $19 based on the buyer’s eligibility.

This judicial decision has sparked a significant debate, juxtaposing public safety concerns against constitutional rights, AP reported. Judge Benitez criticized California’s automated background check system and claimed it had a rejection rate of approximately 11% in the first half of 2023. “How many of the 58,087 needed ammunition to defend themselves against an impending criminal threat and how many were simply preparing for a sporting event, we will never know,” Benitez said, per AP. “What is known is that in almost all cases, the 322 individuals that are rejected each day are being denied permission to freely exercise their Second Amendment right — a right which our Founders instructed shall not be infringed.”

California Attorney General Rob Bonta, advocating for a delay in the ruling’s implementation to facilitate an appeal, highlighted the potential risks to public safety. “We will not stop in our efforts to protect the safety of communities and Californians’ rights to go about their business without fear of becoming victims of gun violence, while at the same time respecting the Second Amendment rights of law-abiding gun owners,” Bonta said, per AP.

The California Rifle & Pistol Association has welcomed Benitez’s decision. “…it has made it much more difficult and expensive for law-abiding gun owners to exercise their Second Amendment right to defend themselves and their family,” Chuck Michel, president and general counsel of the California Rifle & Pistol Association, said, according to AP.

This ruling came amidst a broader national reevaluation of gun laws, prompted by a recent U.S. Supreme Court decision that mandates a historical consistency in firearm regulation interpretations, AP noted. As California’s stringent gun laws face increasing scrutiny and legal challenges, the discourse on gun control and constitutional rights continues to evolve.

Why It Matters (op-ed)

U.S. District Judge Roger Benitez’s ruling against California’s strict ammunition purchase laws is a much-needed victory for the Second Amendment and law-abiding gun owners. It’s about time that the overreaching, unconstitutional regulations faced a reckoning.

For too long, Californians have been burdened with excessive fees and background checks to exercise their fundamental right to self-defense. With an 11% rejection rate, countless law-abiding citizens were unjustly denied their constitutional rights.

California Attorney General Rob Bonta’s focus on public safety ignores the fact that criminals will always find ways to obtain ammunition illegally. Instead of infringing on the rights of law-abiding citizens, focus should be placed on punishing those who break the law.

This ruling is a step in the right direction, and it’s essential to continue challenging California’s oppressive gun laws in the name of constitutional rights.

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