WIN FOR THE RIGHT: Appeals court strikes down state’s ammunition background check law

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From Fox News: A federal appeals court ruled Thursday that California’s first-of-its-kind law requiring gun owners to undergo background checks to purchase ammunition is unconstitutional, declaring that it violates the Second Amendment right to bear arms.

In a 2-1 decision, the 9th U.S. Circuit Court of Appeals upheld a lower court judge’s permanent injunction blocking the state from enforcing the law.

Circuit Judge Sandra Ikuta said the law “meaningfully constrains” the right to keep and bear arms and that the state failed to prove the law was consistent with the country’s historical tradition of firearm regulation as required under a 2022 U.S. Supreme Court decision, New York State Rifle and Pistol Association v. Bruen.

“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,” Ikuta wrote.


California Governor Gavin Newsom (D) fumed over the ruling, writing on X, “Strong gun safety laws save lives — and today’s decision is a slap in the face to the recent progress we’ve made to protect Californians from the horror of gun violence. Californians voted to require background checks on ammunition. Their voices should matter.”

ABOUT THE JUDGES: Judge Sandra Ikuta, 71, is a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. She is a registered Republican, and was nominated by former President George W. Bush in February 2006. Ikuta was confirmed by the Senate in June 2006 in a 81-0 vote.

Circuit Judge Bridget Bade, 59, was nominated by President Donald Trump during his first time, in August 2018, and was confirmed by the Senate in March 2019 in a 78-21 vote.

Circuit Judge Jay Bybee, 71, dissented in the 2-1 ruling. Bybee was appointed by former President George W. Bush in May 2002 and confirmed by the Senate in March 2003 in a 74-19 vote.

The report explains that the state of California “can ask an 11-judge appeals court panel or the U.S. Supreme Court to review the decision.”  The majority of judges on the full appeals court are appointees of Democrat presidents.

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