Judge Voids California Background Check w/ Ammo Purchases

[dmar]

Just saw some good news from a Reuters update. We'll see where it goes from here, but this is an important decision. Also saw today that the Biden administration has drafted a 1,300 page document directing the ATF to stop private gun sales. The attack on our rights are never ending...

Here's the California story:

(Reuters) -A federal judge has blocked California from enforcing state laws requiring people to undergo background checks when they buy ammunition, calling them unconstitutional.

In a decision made public on Wednesday, U.S. District Judge Roger Benitez in San Diego said the laws "have no historical pedigree" and violate the Second Amendment's right for citizens to keep and bear arms.

Benitez, who was appointed to the bench by Republican President George W. Bush, has issued a series of rulings over the years in favor of gun rights advocates.

California voters in 2016 had approved a ballot measure requiring gun owners to pay $50 for a four-year ammunition permit. Legislators later amended the measure to require automated background checks for each ammunition purchase.
Benitez had blocked the background checks requirement in April 2020.

A federal appeals court asked him to revisit that ruling following the 2022 U.S. Supreme Court decision requiring that firearms restrictions be "consistent with this nation's historical tradition of firearm regulation."

The offices of California Governor Gavin Newsom and Attorney General Rob Bonta, which supported the background checks, did not immediately respond to requests for comment.

(Reporting by Jonathan Stempel in New YorkEditing by Chris Reese and Leslie Adler)

 

[robertrwalsh]

A small piece of freedom and sanity returns to California, at least for a while. I wonder what it says about the face-to-face only purchase of ammo. Be nice if that went away too.

 

[mocha001]

it's great that judge Benitez ruled with the second amendment.but give it a couple days and Newsom and company will appeal it to the 9th circus and there it will sit with an emergency injunction and we will be right back were we started

 

[Yaworski]

A 1,300 page directive to stop private sales? That's a bit verbose.

 

[ladder13]

Saint Benitez, please keep doing what you do.

 

[FZ1UKS&W]

Duh

Again DUH!
I am thankful I don't live in a libtard state. where this @#$% is a constant issue. But if I did I would drive to a more friendly state and buy enough ammo to last quite awhile. Obviously this is probably illegal but as most of us are law abiding citizens i'm not seeing how you would get caught unless you drive like an idiot or act in some stupid way. It seems to me it would be a nice weekend trip to some other gun shop where you can shop freely from big brother.
Name withheld from Big Brother!!!!

 

[Racer X]

I have already received emails about ammo shipping to california. True Shot is offering free shipping to CA to celebrate too.

 

[ISCS Yoda]

I have already received emails about ammo shipping to california. True Shot is offering free shipping to CA to celebrate too.

I've been inundated with announcements that ammo could again be sold in California. Is that what the noise is about, this particular case?

 

[Walter Rego]

I'm a California resident. I ordered some ammo this morning from a supplier who advertises that they are now again shipping directly to CA residents that do not hold a Type 03 C&R FFL and COE (Certificate of Eligibility) which was the previous way to buy ammo online. Otherwise ammo could only be shipped to Type 01 FFL's who would charge a service fee to receive it and run the background check on the buyers.

Whether or not it will actually be delivered before some other judge overrides Judge Benitez remains to be seen. In any case, the shipping cost comes out about the same as what I would pay in gas to go pick it up and service charges from an FFL.

If more online sellers agree to ship to CA residents, the ones who offer free shipping that I used to buy from will be on my list for additional purchases.