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Judge Enjoins California’s Unconstitutional Ammunition Background Check Law, Again

Thursday, February 1, 2024

Judge Enjoins California’s Unconstitutional Ammunition Background Check Law, Again

For a second time, a federal judge has issued an injunction preventing California from enforcing its ammunition background check law, holding that it infringes on the right to keep and bear arms, the Constitution’s Commerce Clause, and is preempted by the Firearm Owners’ Protection Act.

California has a very complicated process for buying ammunition. The voters passed Proposition 63 in 2016. Proposition 63 required individuals who wished to obtain ammunition to first get a license to do so and to present that license when purchasing. But the California legislature had other ideas. It “preemptively amended” Proposition 63 with a much more complicated process.

Now individuals who want to purchase ammunition must do it in a face-to-face transaction in the state—online sales are prohibited. And they must pass a background check every time. But there are four different types of ammunition background checks, costing between one and nineteen dollars per background check. This “ungainly” system denied 16% of the people falsely when back in 2019, when the court first enjoined it. And California has struggled to get that rate down. It sits at 11% today. That “is still too high,” the court said.

Even worse for California were its attempt to show that the law was consistent with the historical tradition of firearms regulation that establishes the limitations on the Second Amendment. It cited 50 laws restricting or prohibiting the transfer of a firearm or ammunition to slaves, blacks, Native Americans, mixed-race, and other minorities as justification for the law. The court had nothing to do with it: “These fifty laws identified by the Attorney General constitute a long, embarrassing, disgusting, insidious, reprehensible list of examples of government tyranny towards our own people.”

The court also found that the case violated the commerce clause because the in-state transaction requirement was designed to benefit California vendors at the detriment of out-of-state vendors. And it finally found that the requirement that individuals buy the ammo in-state was preempted by the Firearms Owners’ Protection Act, which allows individuals to transport firearms and ammunition across state lines under certain conditions.

The case is captioned Rhode v. Bonta. It is an NRA-supported case.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

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MA Supreme Judicial Court Holds Old Nonresident Carry Licensing Scheme Unconstitutional But Upholds New Law

Wednesday, March 12, 2025

MA Supreme Judicial Court Holds Old Nonresident Carry Licensing Scheme Unconstitutional But Upholds New Law

On March 11, the Supreme Judicial Court of Massachusetts issued two decisions concerning the Commonwealth’s firearms carry licensing scheme for nonresidents.

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

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Monday, March 17, 2025

Washington Post Admits that Anti-gun Lawfare “Cannot be the Solution” to Crime

In a turnabout worthy of Invasion of the Body Snatchers, The Washington Post (WAPO) published an editorial last Tuesday criticizing the gun control movement for ignoring the Protection of Lawful Commerce in Arms Act (PLCAA) and pursing its agenda in ...

Canada: A Fresh Gun Ban as Trudeau Exits

News  

Monday, March 17, 2025

Canada: A Fresh Gun Ban as Trudeau Exits

Just three months ago, Canada’s Liberal government announced that an additional 324 so-called “assault-style” firearms had been added to the list of banned guns established under then-Prime Minister Justin Trudeau in 2020.

VPC Recycles Old Campaign Against .50 Caliber Rifles

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Monday, March 17, 2025

VPC Recycles Old Campaign Against .50 Caliber Rifles

It’s been some time since we have talked about one of the oldest, most extreme anti-gun organizations, the Violence Policy Center (VPC).  Back in 2022, we noted the organization wanted then-president Joe Biden’s administration to reclassify ...

Washington Post Gets It Almost Right About Restoration of Second Amendment Rights

News  

Monday, March 17, 2025

Washington Post Gets It Almost Right About Restoration of Second Amendment Rights

Last week brought yet another installment in the ongoing saga of The Washington Post’s (WAPO) pivot toward “individual liberties and free markets” in its opinion section.

Washington: Gun-Free Zone Expansion Bill Scheduled for Hearing on Tuesday

Friday, March 14, 2025

Washington: Gun-Free Zone Expansion Bill Scheduled for Hearing on Tuesday

On Tuesday, March 18th, the House Committee on Civil Rights & Judiciary will hold a public hearing on Senate Bill 5098, a gun-free zone expansion bill. The hearing has been set for 10:30AM.

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

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Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

Vermont: Crossover Day Defeats All Anti-Gun Bills for 2025

Friday, March 14, 2025

Vermont: Crossover Day Defeats All Anti-Gun Bills for 2025

Today, March 14th, is  the "crossover" deadline in the Vermont legislature. Bills that fail to advance out of the chamber of origin are considered "dead" for the session.

Grassroots Spotlight: Freedom Firearm & Defense

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Monday, March 17, 2025

Grassroots Spotlight: Freedom Firearm & Defense

Throughout the State of Texas, you will almost always find yourself within proximity of a Shooting Range or Gun Store. 

Colorado: FOID Bill Passes House Judiciary With More Amendments

Wednesday, March 12, 2025

Colorado: FOID Bill Passes House Judiciary With More Amendments

Yesterday, March 11th, Senate Bill 25-003 underwent another transformation during a late-night hearing in the House Judiciary committee, ultimately passing with amendments along a party-line vote. 

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.