California Ammunition Background Check Requirement Update”

Yesterday, a panel from the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s grant of a permanent injunction in Rhode v. Bonta. The panel held that California’s ammunition background check regime, which requires firearm owners to complete background checks before each ammunition purchase and prohibits residents from ordering ammunition online without completing the purchase in-person or bringing ammunition purchased out-of-state back into California, facially violates the Second Amendment.

NSSF^® is thrilled that the Ninth Circuit panel has ruled in favor of Second Amendment rights. We are sending this alert to remind our members that the court’s decision affirming the permanent injunction is not yet in effect. At the start of the appeal, the Ninth Circuit stayed the district court’s permanent injunction and that stay has not yet been lifted. Likewise, the mandate for the Ninth Circuit’s decision—which gives it the force of law—has not been issued. Moreover, the state is likely to seek en banc rehearing of the panel decision, which will further delay the issuance of the mandate. Therefore, NSSF recommends that members abide by California’s ammunition background check laws until the stay is lifted and/or the mandate is issued. NSSF will update our members as the matter develops.