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Wednesday, January 31, 2024

California's Ammunition Background Check Law Down in Flames

 And yes, I submitted declarations for this.  Judge Beneitz considered:

1. Second Amendment guarantees right to buy ammunition.  It does.

The ammunition background checks laws have no historical pedigree and operate in such a way that they violate the Second Amendment right of citizens to keep and bear arms. 

2. The law has so many false rejections that based on a similar question concerning the 15th Amendment and percentages rejected from voting for lacking identification to reject its validity.

3. California's list of analogous laws was severely defective for a swarm of reasons including:

The State’s compilation lists 48 laws which made it a crime to possess a gun and ammunition by Negros, Mulattos, slaves, or persons of color, and two laws that prohibited sales to Indians.32 For example, the Attorney General lists a 1798 Kentucky law which prohibited any “Negro, mulatto, or Indian” from possessing any gun or ammunition. [57] An 1846 North Carolina law offers another example wherein it was prohibited to sell or deliver firearms to “any slave.” [92] This is the third time the Attorney General has cited these laws in support for its laws and restrictions implicating the Second Amendment. 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.  

I don't know, that seems a good description of most of California's gun laws.

4. Dormany Commerce Clause.  If you do not know about this, the national government's authority to regulate interstate commerce was originally intended to prevent states from blocking interstate commerce.  By prohibiting interstate sales of ammunition, California has very clearly violated this.

5.  Theb Firearms Owners Protection Act guaranteed the right to transport firearms and ammunition in interstate commerce.  California's law is in conflict and therefore goes down in flames.

Judge Beneitz enjoined enforcement and seems not to have stayed the order.

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