Calif. Appeals Court: Cannot Require Background Checks to Buy Ammo

A federal appeals court ruled on Thursday that California's first-of-its-kind law requiring firearm owners to undergo background checks to buy ammunition is unconstitutional.

In a 2-1 vote, the 9th U.S. Circuit Court of Appeals in Pasadena, California, upheld a lower court judge's permanent injunction against enforcing the law.

Circuit Judge Sandra Ikuta said California failed to show that the law was consistent with the country's historical tradition of firearm regulation, as required under a 2022 U.S. Supreme Court precedent.

"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," violating the U.S. Constitution's Second Amendment, Ikuta wrote.

The office of California Attorney General Rob Bonta, which defended the law, did not immediately respond to a request for comment. California Governor Gavin Newsom's office did not immediately respond to a similar request.

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

Legislators amended the measure to require background checks for each ammunition purchase. The background check scheme took effect in 2019.