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San Diego Federal Judge Blocks California Ammunition Background Check Law Again

Standing Up for Justice: The Battle Against Unlawful Legislation

Cris Alarcon by Cris Alarcon
February 4, 2024
in Government
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San Diego Federal Judge Blocks California Ammunition Background Check Law Again

Olympic shooter Kim Rhode

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El Dorado County (Feb 2, 2024) – In a significant development, U.S. District Judge Roger Benitez, a familiar face in legal battles over firearm regulations, has once again struck down California’s law mandating background checks for ammunition purchases. This decision echoes his previous ruling in 2020, asserting that the state’s restrictions on ammunition acquisitions infringe upon the Second Amendment.

In a robust 32-page written ruling, Judge Benitez took direct aim at California’s background check system, describing it as “cumbersome and byzantine.” He cited the recent Supreme Court decision in New York State Rifle & Pistol Association Inc. v. Bruen, which altered the analytical standard for firearm-related cases. This change prompted the reevaluation of numerous cases at lower courts, including the ammunition background check law in California.

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Known for favoring firearm advocates, Benitez stated in his latest ruling that “the ammunition background checks laws have no historical pedigree.” He criticized the system’s evolution, pointing out that voters initially approved a background check system in 2016, allowing prospective ammo purchasers to obtain a permit valid for four years. However, the law was amended before Election Day to necessitate background checks for every ammunition purchase, a modification that Benitez deemed “not apparent.”

Furthermore, the judge highlighted technical errors and other issues in the background check system, leading to the denial of ammunition purchases to law-abiding citizens at a troubling rate.

Attorney General Rob Bonta defended the background check laws, emphasizing their role in safeguarding Californians. He vowed swift action to correct what he called a “dangerous mistake” and reiterated the commitment to balance public safety with the Second Amendment rights of law-abiding gun owners.

The lawsuit leading to this ruling was filed on behalf of Olympic shooter Kim Rhode. Chuck Michel, president of the California Rifle & Pistol Association and the case’s general counsel, sees this decision as a “sea change” in how courts approach restrictive gun laws. Despite the anticipated appeal from the state, Michel suggests that time is running out for laws deemed to violate constitutional rights.

Source: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Cris Alarcon

Cris Alarcon

Former Member: Executive Board of Directors, Treasurer, Boys & Girl Club of El Dorado County Western Slope. - Former Member: Board of Directors, Treasurer, Food Bank of El Dorado County. - Opening Team Dealer at Red Hawk Casino - Retried EDC Elections Department Inspector. - Youngest Charter Member of the Hangtown Kennel Club. - Political Strategist and Campaign Manager.

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© 2023 Placerville Newswire Commentary is produced by the Placerville Newswire, a private service focusing on Placerville Local Area issues. All conclusions expressed in this publication should be understood to be solely those of the author(s). You may find us in El Dorado County Placerville, CA 95667