Californian gun owners get your wallets out! Judge Benitez of California has just issued a temporary-injunction (also called a preliminary-injunction) on the California ammo restrictions requiring a background check for ammunition purchases. Previously Judge Benitez was responsible for the much-lauded “Freedom Week” where Californians could purchase standard capacity magazines instead of magazines limited to only 10 rounds.
California Ammo Restrictions Lifted – Judge Issues Temporary Injunction
The U.S. District Judge Roger Benitez of San Diego ruled in favor of the California Rifle & Pistol Association. The Association requested that Judge Benitez stop the checks and related restrictions placed on ammunition sales in the state of California. Benitez drafted up a 120-page opinion on the requirement for background checks with ammunition sales and stated in it
The experiment has been tried. The casualties have been counted. California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured,
Now that the temporary-injunction has been filed it will be up to the state attorney general’s office as to whether or not it will stay the order to lift restrictions or appeal the injunction. The injunction issued by Judge Benitez takes effect immediately which means that Californians can now purchase ammunition without a background check until the attorney general’s office makes its decision.
The ammunition background check requirement is intended to keep ammunition from criminals but it has blocked sales to law-abiding citizens about 16% of the time according to Judge Benitez. He also mentioned that the Californian ban on importation of ammunition across state borders is also a violation of federal interstate commerce laws.
According to Attorney General Xavier Becerra during a court filing at the beginning of April, the background check system in place for ammunition has stopped more than 750 people from purchasing ammunition illegally. On average each of these background checks takes about 5 minutes and the state requires that buyers pay a $1 fee each time they buy ammunition.
If you live in California and you’re able – now would be a great time to get out to your local gun stores if they’re open and purchase ammunition without the extra hassle of a background check. I’d be interested to hear from you Californians! Let us know down in the comments what your thoughts and plans are regarding this recent development in Californian ammo restrictions.