Appeals Court Blocks California’s Background Checks for Ammunition Buyers

The U.S. Court of Appeals for the Ninth Circuit struck down a California law on Thursday that required buyers of ammunition to pass a background check, deeming the law unconstitutional.

The requirement took effect in July 2019 after voters approved a ballot initiative on the issue and the State Legislature passed a bill that modified requirements for purchasing ammunition.

The law mandates that purchasers of ammunition pass a background check similar to those applied to buyers of handguns. The check is intended to block purchases by people with criminal records, or who are under restraining orders, or who have been determined by a court to pose a danger because of mental illness.

The requirement had already been halted and reinstated as litigation over the law has wound its way through the federal courts. A district court judge ruled in January 2024 that the law was unconstitutional, but a motions panel of the appeals court agreed to stay that decision shortly thereafter while the state of California appealed.

In its 2-1 decision on Thursday, the Ninth Circuit panel found that the law violated the Second Amendment, which protects gun rights.

“By subjecting Californians to background checks for all ammunition purchases, California’s ammunition background check regime infringes on the fundamental right to keep and bear arms,” the two-judge majority wrote in its opinion.

This is a developing story. Please check back for updates.