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Ninth Circuit Strikes Down California Ammunition Background Check Law

Following the ruling, dealers must continue running checks on ammunition purchases until the California Department of Justice issues formal orders.

A box of ammunition on the counter at Big 5 Sporting Goods in El Cerrito on Sept. 9, 2019. (Anne Wernikoff, CalMatters)
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Overview

  • The Ninth Circuit’s three-judge panel upheld Judge Sandra Ikuta’s view that California’s check requirement infringes on the fundamental right to keep and bear arms while Judge Jay Bybee dissented over its minimal cost and delay.
  • The California Department of Justice notified ammunition dealers to maintain background checks until it processes the decision and issues an official mandate, creating uncertainty over enforcement.
  • Governor Gavin Newsom pledged to appeal the ruling and gun rights groups led by Chuck Michel say they will seek an en banc review at the Ninth Circuit.
  • California gun owners rushed to place online ammunition orders—calling it “freedom week”—even as many purchases remain subject to checks under the DOJ’s interim guidance.
  • Critics point to system glitches under Proposition 63 that erroneously rejected 11% of lawful buyers between 2019 and 2020 as evidence of the law’s burdensome implementation.