Federal judge slams California’s background check for buying ammunition

A new law signed by California Governor Gavin Newsom (seen above in Rancho Cordova, California, on April 14) which requires background checks for those wishing to buy ammunition has been ruled unconstitutional by a federal judge in San Diego

In a development one might not expect in California, a federal judge on April 23 blocked background checks for ammunition buyers in that state on the grounds that they restrict law-abiding people while not affecting people who buy and use firearms illegally.

Disproportionate effect on law-abiding people is the usual downfall of gun-control legislation, but gun-control advocates do not seem able to understand the concept.

Calling the state’s law on the matter “onerous and convoluted,” San Diego-based U.S. District Judge Roger Benitez granted a preliminary injunction against the regulation after plaintiffs including the California Rifle and Pistol Association and six-time Olympic medalist skeet shooter Kim Rhode filed suit against the state.

California voters in 2016 OK’d Proposition 63, which included the background checks along with banning high-capacity firearm magazines. The same judge stopped sales of the magazines while the state appeals another court challenge.

But in this case Benitez was more decisive, saying that “the Second Amendment rights of California citizens have been gravely injured,” and that the checks hurt legal ammo buyers while doing little to prevent criminals from obtaining firepower.

“Criminals, tyrants and terrorists don’t do background checks,” Benitez wrote.

California Attorney General Xavier Becerra late Friday filed an emergency motion with the U.S. Court of Appeals for the Ninth Circuit to suspend Benitez’s ruling while he appeals.


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