Buckeye Reporter

The Ninth Circuit Court of Appeals has ruled that California’s requirement for a background check on every ammunition purchase violates the Second Amendment. The decision came in the case Rhode v. Bonta, which was supported by the National Rifle Association and the California Rifle and Pistol Association.

The court used the text-and-history standard from the Supreme Court's NYSRPA v. Bruen ruling to assess whether California’s law was constitutional. The Ninth Circuit found that requiring a background check for ammunition directly affects conduct protected by the Second Amendment because it restricts access to operable arms.

The judges also reviewed whether such regulations have historical precedent in American firearm laws. They determined there were no similar laws before the 20th century, making California’s rule inconsistent with traditional firearm regulation in America.

In its analysis, the court referenced a footnote from Bruen where the U.S. Supreme Court suggested some shall-issue carry regimes could be constitutional. However, it concluded this did not apply to background checks for buying ammunition, noting these checks are different from licensing rules for carrying handguns and are more restrictive since they require checks with every purchase.

Based on these findings, the Ninth Circuit upheld a lower court’s order blocking enforcement of California’s ammunition background check law.

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