California Law Requiring Background Check to Buy Ammunition Restored by Federal Court

Contact Your Elected Officials
The Epoch Times Header

Law requires a background check for every ammunition purchase.

A California law requiring people undergo a background check to purchase ammunition can be in effect while a legal challenge to the law is considered by the courts, federal judges ruled on Feb. 5.

A divided panel of the U.S. Court of Appeals for the Ninth Circuit stayed an injunction against the law that was entered days earlier by U.S. District Judge Roger Benitez, who ruled the law clashed with the U.S. Constitution’s Second Amendment.

The two judges on the appeals court who stayed the injunction, U.S. Circuit Judges Richard Clifton and Holly Thomas, did not explain their decision, which remains in effect for now as the case moves forward, beyond referring to a previous ruling in a separate case.

That ruling, in Nken v. Holder, went over the standard for entering a stay pending appeal.

U.S. Circuit Judge Consuelo Callahan, the third member of the panel, dissented.

“I would deny the motion for a stay pending appeal,” she said. “I do not believe appellant has met his burden of showing a likelihood of success on the merits or that irreparable injury will occur absent a stay.”

Judges Benitez, Clifton, and Callahan were appointed by President George W. Bush. Judge Thomas was appointed by President Biden.

California Attorney General Rob Bonta, a Democrat who asked for the appeals court to stay the injunction, cheered the decision.

“California’s life-saving ammunition laws will remain in effect as we continue to defend them in court,” Mr. Bonta said in a statement. “We will never stop fighting to protect Californians from the scourge of gun violence.”

The law was challenged by a group including Kim Rhode, an Olympic gold medal winner, and the California Rifle & Pistol Association.

Chuck Michel, president and general counsel for the association, said in a statement said it will seek further review by a different panel of the court and “restore the people’s right to buy the ammunition they need for sport or to defend their families.”

Background of Law, Ruling

California voters had in 2016 approved a ballot measure requiring gun owners to undergo initial background checks to buy ammunition, and pay $50 for a four-year ammunition permit.

By Zachary Stieber

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Why Democracy, not Caesar, is the answer to our problems

Caesar-style leadership wins quick public support but inevitably sparks passionate resistance, conflict, bloodshed, and lasting social destabilization.

WATCH: Barack Obama Foments Color Revolutions in Eastern Europe

Obama astroturfed “pro-democracy” movements in Poland and Hungary to pressure their govts into accepting mass migration and social engineering.

J.B. Pritzker Puts the ILLeagals in ILLinois

Illinois Gov. J.B. Pritzker, once a California native, has revived the old “ILL” abbreviation—this time in his promotion of ILLegal aliens.

James Franklin’s contract fallout

Penn State’s decision to fire head coach James Franklin after a disappointing 22–21 home loss to Northwestern will cost an estimated $56 million buyout. 

Trump’s Middle East Trip Led to Historic Breakthroughs

Trump’s bold, unconventional strategy helped end the Israel-Hamas war and set the stage for a more stable, prosperous Middle East.

Trump Commutes Sentence of Former Rep. George Santos

President Trump commuted ex-Rep. George Santos’s seven-year prison sentence for fraud and identity theft, ordering his immediate release.

Jack Smith Referred to DOJ for Misconduct Investigation and Possible Disbarment

Former special counsel Jack Smith was criminally referred to the DOJ by Republican lawmakers for alleged misconduct and possible disbarment.

AI Is a ‘Real and Mysterious Creature,’ Not a Predictable Machine, Anthropic Co-Founder Warns

Handling AI is like dealing with “a real and mysterious creature, not a predictable machine,” said Jack Clark, co-founder of Anthropic, at a Berkeley conference.

Trump Refiles $15 Billion Defamation Lawsuit Against New York Times After Court Dismissal

Trump refiled his $15 billion defamation lawsuit against The New York Times, Penguin Random House, and 3 reporters after judge dismissed the case.

Army Corps of Engineers to Pause $11 Billion in Projects During Shutdown: Vought

Russ Vought, director of the White House’s OMB, has added to the growing pile of federal projects paused during the government shutdown.

Trump Signs Executive Order Putting New Restrictions on Federal Hiring

Trump signed an executive order directing federal agencies to restrict hiring, with exceptions for immigration, security, and political appointees.

Trump Says He Has Authorized Covert CIA Operations in Venezuela

President Trump authorized covert CIA operations in Venezuela, expanding U.S. assets there to increase pressure on President Nicolás Maduro’s regime.

Trump Posthumously Awards Charlie Kirk the Presidential Medal of Freedom

President Trump posthumously awarded Charlie Kirk the Presidential Medal of Freedom in the White House Rose Garden on Oct 14, Charlie's birthday.
spot_img

Related Articles

Popular Categories

MAGA Business Central