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California judge blocks gun control law requiring background checks for ammo purchases
A federal judge has ruled that California cannot enforce a law requiring people to undergo background checks to buy ammunition, declaring it unconstitutional.
On Tuesday, U.S. District Judge Roger Benitez in San Diego said the gun control measure has “no historical pedigree” and violates the Second Amendment rights of citizens.
“A sweeping background check requirement imposed every time a citizen needs to buy ammunition is an outlier that our ancestors would have never accepted for a citizen,” wrote Benitez, a President George W. Bush appointee.
The judge also criticized the number of law-abiding gun owners who were rejected after undergoing background checks and prevented from buying ammo.
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AR-15-style rifles are displayed for sale at Firearms Unknown, a gun store in Oceanside, California, April 12, 2021. (REUTERS/Bing Guan)
“The 2019 rejection rate was 16%. Overwhelmingly, the rejections were either because the state had no record of gun ownership or because of personal identifier mismatches,” Benitez wrote. “One would expect problems and errors in a new system as extensive and ungainly as California’s unprecedented ammunition background check system. Unfortunately, today the background check rejection rate is lower at 11%, but it is still too high.”
Benitez issued a permanent injunction blocking the law from being enforced while the state appealed to the 9th U.S. Circuit Court of Appeals.
“These laws were put in place as a safeguard and a way of protecting the people of California, and they work,” said state Attorney General Rob Bonta, a Democrat. “Background checks save lives.”
California Gov. Gavin Newsom, also a Democrat, ripped the judge’s decision and accused Benitez of being in the pocket of the gun lobby.
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Governor of U.S. state of California Gavin Newsom speaks at a press conference in Beijing, China, on Oct. 25, 2023. (REUTERS/Tingshu Wang/File Photo)
“Like clockwork, Judge Benitez has yet again put his personal politics and fealty for the gun lobby over the Constitution and common sense,” Newsom said. “California will fight this extremist, illogical, and incoherent ruling as we defend our life-saving measures that are proven to keep our communities safe.”
The ammo background check law — which was approved by voters in 2016 as a ballot measure and amended by the legislature in 2019 to include each ammo purchase — was challenged by Kim Rhode, an Olympic gold medalist in shooting events, and the California Rifle & Pistol Association.
Chuck Michel, the group’s president and general counsel, called the decision a “big win,” saying that California had “blocked many eligible people from getting the ammunition they need, which is the true political intent behind most of these laws.”
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Chris Puehse, owner of Foothill Ammo, displays .45-caliber ammunition for sale at his store in Shingle Springs, California, on June 11, 2019. California may no longer enforce a law that required gun owners to undergo background checks to buy ammunition. (AP Photo/Rich Pedroncelli)
California had pointed to dozens of laws dating as far back as 1789 as “historical analogues” for ammunition background checks, including restrictions that prohibited slaves, Indians and others from buying ammunition.
The judge rejected that argument, saying, “these repugnant historical examples of prejudice and bigotry” against people who were not afforded constitutional rights do not justify similar restrictions now on people protected by the Constitution.
Benitez’s ruling relied on the U.S. Supreme Court’s landmark 2022 decision that expanded gun rights nationwide. In binding precedent, the high court said that judges must assess whether a proposed firearm regulation is “consistent with this nation’s historical tradition of firearm regulation” when confronted with decisions that can impact gun rights.
The case is Rhode et al. v. Bonta.
Reuters contributed to this report.
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SAN FRANCISCO – Even as votes continue to be counted in California’s gubernatorial primary, one candidate spent part of Wednesday campaigning in the Bay Area.
Hilton looks ahead to November
Some were surprised to see Republican gubernatorial candidate Steve Hilton in San Francisco. With the primary election behind him, Hilton visited Osmanthus Dim Sum Lounge to meet with voters and begin laying the groundwork for a potential fall campaign.
Hilton acknowledged that ballots are still being counted and criticized the pace of the process, saying results should be available more quickly. Still, he expressed confidence that he will finish among the top two candidates and advance to the November election.
“This is my plan to grow my support,” Hilton said, gesturing to supporters gathered inside the restaurant. “To be out with the people of California desperate for change.”
Former Health and Human Services Secretary Xavier Becerra, another leading candidate, also projected confidence on election night.
“I take nothing for granted. There are lots of ballots to be counted; it appears we are on track to advance to November,” Becerra said.
Voters voice concerns
What they’re saying:
Among those attending Hilton’s event was Nelson Lum, a former San Francisco police officer who said he wanted to hear the candidate’s views on crime.
“It’s not an endorsement of anybody at this point,” Lum said. “I’m certainly not going to exclude anyone because I want to hear their views.”
Meina Young, with the Business and Housing Network, said she attended to discuss issues she sees as burdensome regulations in the rental housing market.
“I want to make our voices heard, and I feel that Steve has been very good,” Young said. “This is our second time meeting with him.”
Small protest outside event
Outside the restaurant, a small group of protesters gathered after noticing signage for the event. They said they are concerned San Francisco is becoming more welcoming to Republican candidates.
“We’re here today because we know San Francisco is a Democratic, progressive city,” said Romalyn Schmaltz. “We’re not going to just let a Republican come here and fundraise in our neighborhood without saying something.”
Counting continues
What’s next:
Ballots are still being counted statewide. More than 23 million ballots were mailed to California’s registered voters for the primary election.
The extended counting process often fuels accusations of irregularities. Election officials and supporters of the system, however, say the process takes time to ensure every eligible ballot is counted accurately.
On this day 52 years ago, the Pacific Northwest’s upper-left city of Seattle was granted an NFL Franchise. NFL Commissioner Pete Rozelle announced the news that they would join the league as an expansion franchise in 1976 and would be the league’s 28th, alongside the Tampa Bay Buccaneers. The name “Seahawks” was chosen from a survey with over 20,365 entries. This tweet from @HawkMania shows an article from the now-online and former print local newspaper, the Seattle Post-Intelligencer. They were known for the big globe with an eagle on top that resided on top of their building in downtown Seattle, and as it says on their front page here, a staple in the community since 1863.
The article mentions Seattle drafting Archie Griffin as a possibility, who was the two-time Heisman Trophy winner for Ohio State and the massive hotshot prospect back then. It mentions the Nordstrom family, represented by Lloyd Nordstrom, as the majority owners, and Herman Sarkowsky as the chief operating officer. Sarkowsky says he thinks the team will pick high in 1976 before they play their inaugural season, and they did, taking defensive tackle Steve Niehaus 2nd overall (Griffin ended up going 24th to the Cincinnati Bengals). Ironically, the article mentions the Portland TrailBlazers as well and their ability to draft Bill Walton early on, the NBA franchise which the Seahawks’ most prominent owner Paul Allen also owned.
It’s great to look back on the history of the franchise, and the sport overall. In 2026, it’s one of the few institutions that preserves memories well enough to stay in touch with its roots. Seattle and the Seahawks have grown up together as an American sports city and franchise, and 52 years ago today was one of their most important turning points.
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