The Ninth Circuit Court of Appeals ruled that California’s law requiring a background check for each ammunition purchase violates the Second Amendment in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.
The Ninth Circuit applied the text-and-history test set forth in the NRA’s landmark Supreme Court victory, NYSRPA v. Bruen.
First, the Ninth Circuit determined that the background check requirement regulates conduct covered by the Second Amendment’s plain text, because it meaningfully constrains the right to keep operable arms.
Next, the court concluded that the background check regime is inconsistent with America’s historical tradition of firearm regulation, because no such law nor analogous law was ever enacted before the twentieth century.
Finally, the Ninth Circuit considered language from a footnote in Bruen in which the Supreme Court indicated that some shall-issue carry regimes are likely constitutional. The Ninth Circuit determined that this language did not apply to background checks for ammunition purchases—which are distinct from licensing laws for handgun carry—and further, that California’s ammunition background check regime is more burdensome than a typical shall-issue carry regime because California’s law requires a background check before every ammunition purchase regardless of when the last purchase occurred.
The Ninth Circuit thus held that California’s background check regime violates the Second Amendment and affirmed the district court’s order granting a permanent injunction against the law’s enforcement.
While this is a historic milestone, it is unclear whether California’s restrictions remain in place for the time being.
“We are thrilled by this victory, which stands as a testament to the power of the Constitution,” said Dan Wolgin, CEO of Ammunition Depot. “We understand that the legal process isn’t over, and we are committed to keeping our customers informed as this unfolds. Today’s ruling is a major step forward for the Second Amendment and the rights of every law-abiding citizen.”
Ammunition Depot, a key plaintiff in this case, challenged the restrictive laws alongside the California Rifle & Pistol Association (CRPA) and Olympic shooter Kim Rhode. The legal team at Michel & Associates and Clement & Murphy successfully argued that the law violated the rights of California’s 40 million residents.
“This decision sends a clear message that our constitutional rights are not up for debate or negotiation,” said Wolgin. “We’ll continue working to protect those rights until this process is complete.”
