A Win for Gun Rights on the Left Coast: Court Ruled California Can’t Require Background Checks to Buy Ammunition

Under California’s strict gun laws, law-abiding residents must acquire a Firearm Safety Certificate to buy a gun and wait 10 days before receiving a gun. Residents must buy a make and model of gun approved by the state. Law-abiding residents have to wait 30 days to buy another gun. If they want to carry a gun for personal protection, California may issue a concealed carry permit.

The state has no reciprocity, and non-residents cannot obtain a permit to carry in the state.

Law-abiding residents were required to undergo background checks to buy ammunition. A federal court just ruled that requirement unconstitutional. From Reuters:

In a decision made public on Wednesday, U.S. District Judge Roger Benitez in San Diego said the background checks have “no historical pedigree,” and violate the Second Amendment by treating all citizens as having no right to buy ammunition.

“A sweeping background check requirement imposed every time a citizen needs to buy ammunition is an outlier that our ancestors would have never accepted for a citizen,” wrote Benitez, an appointee of Republican President George W. Bush.

Benitez also criticized California’s handling of the more than 1 million annual ammunition background checks, calling the 11% rejection rate “too high.”

The U.S. Supreme Court already clarified what the Second Amendment guarantees: an individual right to carry a gun for personal protection.

Naturally, the guarded and protected-by–guns governor of California does not like this decision.

“Like clockwork, Judge Benitez has yet again put his personal politics and fealty for the gun lobby over the Constitution and common sense,” Gov. Gavin Newsom said. “California will fight this extremist, illogical, and incoherent ruling as we defend our life-saving measures that are proven to keep our communities safe.”

Keep our communities safe. Which communities — the criminal ones or the law-abiding ones?

Judge Benitez struck down California’s limit on “high capacity” magazines last September. Gov. Newsom called him names that time: extremist, right-wing zealot. Sticks and stones, Gav.

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