A federal appeals court on Thursday ruled that California's ammunition background check law violates the Second Amendment, striking down a key provision of the state's gun control framework that had been approved by voters in 2016. The 2-1 decision from the U.S. Court of Appeals for the Ninth Circuit upholds a lower court's permanent injunction and sets the stage for further legal challenges and political fallout.
California Governor Gavin Newsom sharply criticized the decision, calling it "a slap in the face to the progress California has made in recent years to keep its communities safer from gun violence." He added: "Californians voted to require background checks on ammunition and their voices should matter."
The law, which took effect in 2019, required gun owners to pass a background check for each purchase of ammunition. State lawmakers amended the original voter-approved initiative, which called for a four-year permit, to require point-of-sale screening for every transaction. The statute was intended to prevent individuals legally prohibited from owning firearms-such as convicted felons and those with certain mental health conditions-from obtaining ammunition.
Writing for the majority, Judge Sandra Ikuta stated: "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." She said the state failed to show that the law was consistent with the nation's historical tradition of firearm regulation, a standard set by the U.S. Supreme Court's 2022 ruling in New York State Rifle and Pistol Association v. Bruen.
Judge Jay Bybee, in a dissenting opinion, argued that the law imposed only minor burdens. "This is not the kind of heavy-handed regulation that meaningfully constrains the right to keep and bear arms," he wrote.
All three judges on the panel were appointed by Republican presidents. Ikuta and Bybee were named by President George W. Bush, while Judge Bridget Bade, who joined the majority, was appointed by President Donald Trump. Despite this ruling, Democratic appointees hold a majority on the broader Ninth Circuit.
Chuck Michel, president and general counsel of the California Rifle & Pistol Association-which was a plaintiff in the case-said in a statement: "This case has been a long hard fight against overreaching government gun control, but a firearm cannot be effective without the ammunition to make it operable. The state of California continues to try to strip our rights, and we continue to prove their actions are unconstitutional."
Olympic shooting gold medalist Kim Rhode, also a plaintiff, called the decision "a big win for all gun owners in California."
California Attorney General Rob Bonta's office expressed disappointment with the ruling and said it is considering further legal options. "We are deeply disappointed in today's ruling - a critical and lifesaving measure that closes a dangerous loophole," the California Department of Justice said in a statement. "Our families, schools, and neighborhoods deserve nothing less than the most basic protection against preventable gun violence."
Last year, the state reported 191 instances of "armed and prohibited individuals" being denied ammunition purchases through the background check system.
