July 24 (Reuters) – A divided federal appeals court on Thursday said California’s first-of-its-kind law requiring firearm owners to undergo background checks to buy ammunition is unconstitutional, violating the Second Amendment right to bear arms.
In a 2-1 vote, the 9th U.S. Circuit Court of Appeals in Pasadena, California upheld a lower court judge’s permanent injunction against enforcing the law.
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Circuit Judge Sandra Ikuta said the law “meaningfully constrains” people’s right to keep and bear arms.
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“Our families, schools, and neighborhoods deserve nothing less than the most basic protection against preventable gun violence, and we are looking into our legal options,” a spokesperson said.
The office of California Governor Gavin Newsom, a Democrat who has called the January 2024 injunction “extremist, illogical, and incoherent,” had no immediate comment.
All three judges on Thursday’s panel were appointed by Republican presidents, though appointees of Democratic presidents hold a 9th Circuit majority.
California can ask an 11-judge appeals court panel or the Supreme Court to review the decision.
‘OVERREACHING’
The plaintiffs included Kim Rhode, opens new tab, who has won three Olympic gold medals in shooting events, and the California Rifle & Pistol Association.
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Janet Carter, managing director of Second Amendment litigation at Everytown Law, in a statement said California’s law imposed a “minimal burden”–a $1 fee and one-minute delay–for most firearms owners seeking ammunition.
“Background checks for ammunition sales are common sense,” she said.
Voters had in 2016 approved a California ballot measure requiring gun owners to undergo initial background checks to buy ammunition, and buy four-year ammunition permits.
Legislators later amended the measure to require background checks for each ammunition purchase.
California said it received 191 reports, opens new tab in 2024 of “armed and prohibited individuals” who were blocked through background checks from buying ammunition.
LAW NOT ‘HEAVY-HANDED,’ DISSENT SAYS
The injunction was issued by U.S. District Judge Roger Benitez in San Diego, who has ruled in several cases in favor of gun owners.
An appeals court panel put the injunction on hold during California’s appeal.
California said several old firearms restrictions supported the background checks.
These included colonial era rules requiring licenses to produce gunpowder, the disarmament around 1776 of people who refused to take “loyalty oaths,” and late-19th century rules requiring government permission to carry concealed weapons.
Circuit Judge Jay Bybee dissented from Thursday’s decision.
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President George W. Bush appointed Ikuta and Bybee to the bench, while President Donald Trump appointed Circuit Judge Bridget Bade, who joined Thursday’s majority.
The case is Rhode v Bonta et al, 9th U.S. Circuit Court of Appeals, No. 24-542.
* Original Article:
https://www.reuters.com/legal/government/california-ammunition-background-checks-declared-unconstitutional-by-us-appeals-2025-07-24/
