Background Checks For Ammo Law Gets Shot Down by Federal Judge in California

by AmericasKeepersAdmin on April 24, 2020

A federal judge in California has put a temporary stop to a California law that requires individuals pass a background check in order to purchase ammunition.

In San Diego U.S. District Court Judge Robert Benitez issued a preliminary injunction ruling in favor of California Rifle and Pistol Association that California citizens do not need to pass a background check to purchase ammunition.

In 2016 Californians voted for Proposition 63 which mandated background checks for the purchases of ammunition. The law has been in effect since July 2019.

U.S. District Court Judge Robert Benitez issued a 120 page opinion on the ruling and called the law “onerous and convoluted”

“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,”
“Presently, California and many other states sit in isolation under pandemic-inspired stay-at-home orders. Schools, parks, beaches, and countless non-essential businesses are closed. Courts are limping by while police make arrests for only the more serious crimes.”

“Maintaining Second Amendment rights are especially important in times like these. Keeping vigilant is necessary in both bad times and good, for if we let these rights lapse in the good times, they might never be recovered in time to resist the next appearance of criminals, terrorists, or tyrants,” 
– U.S. District Court Judge Robert Benitez

Chuck Michel the president of the California Rifle and Pistol Association issued a statement on Thursday in response to the Judge’s ruling.

“This is a devastating blow to the anti-gun-owner advocates who falsely pushed Prop 63 in the name of safety. In truth, red tape and the state’s disastrous database errors made it impossible for hundreds of thousands of law-abiding Californians to purchase ammunition for sport or self-defense.”
“The court found that the flimsy reasons offered by the government to justify these constitutional infringements were inadequate,” he added, according to the Associated Press. “Californians can sleep a little easier tonight knowing their Constitutional rights were restored and strengthened by this decision.”
– Chuck Michel

The Attorney General’s office will be reviewing the judge’s order


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