From San Diego County Gun Owners >> Olympian Kim Rhode Just Get Rid of Ammo Background Checks, by District Judge Benitez


  • Dec 3, 2013
    San Diego, CA, USA
    Here is an excerpt from the San Diego County Gun Owners about the recent gun owner victory in San Diego District Court:

    "The experiment has been tried. The casualties have been counted.

    California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured. In this action, Plaintiffs seek a preliminary injunction enjoining California’s onerous and convoluted new laws requiring ammunition purchase background checks and implementing ammunition anti-importation laws. For the reasons that follow, the motion for preliminary injunction is granted.

    The purported state interest to be achieved by these new laws is keeping ammunition out of the hands of prohibited Californians. These new laws are constitutionally defective for several reasons. First, criminals, tyrants, and terrorists don’t do background checks. The background check experiment defies common sense while unduly and severely burdening the Second Amendment rights of every responsible, gun-owning citizen desiring to lawfully buy ammunition.

    Second, the implementing regulations systematically prohibit or deter an untold number of law-abiding California citizen-residents from undergoing the required background checks. Third, in the seven months since implementation, the standard background check rejected citizen-residents who are not prohibited persons approximately 16.4 % of the time. Fourth, the ammunition anti-importation laws directly violate the federal dormant Commerce Clause.”

    And the decision ends with:

    Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order, are enjoined from implementing or enforcing the ammunition sales background check provisions found in California Penal Code §§ 30370(a) through (d) and 30352, and the ammunition anti-importation provisions found in §§ 30312(a) and (b), and 30314(a) as well as the criminal enforcement of California Penal Code §§ 30365, 30312(d) and 30314(c)."

    What’s this mean?

    • Will they State try to “stay” the injunction and force background checks again? Likely.
    • When will the injunction be stayed? No telling.
    • Can I buy ammo in California without a background check? Yep!
    • Can I buy ammo in California online from another state? Yep! The judge’s order did not have any qualifying statements.
    • So…no background check? Uhm…no. We just answered that.
    • But for how long. OK, now I feel like you just aren’t paying attention. We just answered that! There is no telling when the State will get a stay and the injunction is over. But…as soon as we know, you will know.

    It looks like ammunition background checks are gone...for now.


    Last edited:
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    Reactions: koubster


    Ship faced aquaholic
    Mar 9, 2012
    Too far from water
    Hopefully the state gives up the ghost on this. It’s a ridiculous law, and hasn’t served any positive purpose.
    Upvote 0


    Deep release specialist
    Jul 3, 2003
    Mission Viejo
    Blazer Bay 1860
    I think they were hoping that if they make you jump through enough hoops that you'd decide that it just isn't worth it. Misplaced hope on their part!
    Upvote 0


    Plain Jane Rods...Hobby Rod Builder
    Jul 15, 2005
    Poway Ca
    No Boat Now
    9th Circuit Takes Ammunition Rights Back - California ammobackground checks back in effect!
    Upvote 0