Overview

• A 2-1 panel of the 9th U.S. Circuit Court of Appeals upheld a permanent injunction against California’s law requiring background checks at every ammunition purchase.
• Judge Sandra Segal Ikuta wrote that the state failed to identify historical analogues for recurring ammo checks under the Supreme Court’s 2022 Bruen framework.
• Judge Jay S. Bybee dissented, contending that a one-dollar fee and typical one-minute delay impose minimal burdens and do not constrain the right to keep and bear arms.
• Data from the California Department of Justice’s Bureau of Firearms showed 89% of ammo purchase requests were approved within about three minutes and fewer than 1% were denied because buyers were prohibited.
• Governor Gavin Newsom and Attorney General Rob Bonta said they were disappointed by the ruling and are exploring an 11-judge en banc review next month and a possible Supreme Court appeal.