Ninth Circuit Grants Stay on California Ammo Background Check Law Injunction
On February 5th, 2024, the Ninth Circuit made a crucial decision regarding California's ammunition background check law. The court granted California's motion to stay the injunction against the law, allowing the law to go back into effect while the state pursues an appeal. This means all ammunition orders from this date will now need to be shipped to an FFL once again. Orders received between the initial injunction on January 31st and the stay being granted on February 5th will be shipped direct.
The Ammunition Background Check Law:
California's ammunition background check law has been a point of contention, sparking debates over the balance between public safety and Second Amendment rights. The law requires individuals to undergo a background check before purchasing ammunition, aiming to prevent those with criminal histories or mental health issues from obtaining potentially lethal rounds.
Ninth Circuit's Decision:
The recent legal alert indicates that the Ninth Circuit has sided with California, granting a motion to stay the injunction against the ammunition background check law. This means that, despite previous legal challenges, the law will again be enforced while the state appeals any adverse rulings. The decision reflects the court's consistent rejection of 2nd Amendment rights in favor of claimed public safety needs.
Purchase Ammo
Judge Callahan's Dissent:
However, there are dissenting voices even among the liberal Ninth Circuit. Judge Callahan, a member of the Ninth Circuit panel, expressed disagreement with the majority decision. While the details of her dissent are not provided in the brief legal alert, it signals a division among the judges on the panel regarding the legal merits and implications of the ammunition background check law.
Potential Impacts:
The Ninth Circuit's decision to grant a stay on the injunction has immediate consequences for California residents. Those seeking to purchase ammunition will again be required to ship ammunition to an FFL and be subject to background checks, as mandated by the law. This decision also sets the stage for a more protracted legal battle, as the state pursues an appeal and opponents seek to challenge the constitutionality of the law.
Purchase Ammo
Legal and Constitutional Considerations:
The case raises broader questions about the intersection of state regulations, individual rights, and public safety. Proponents of the ammunition background check law argue that it is a necessary measure to prevent individuals with violent tendencies or criminal backgrounds from easily acquiring ammunition. On the other hand, opponents contend that such laws infringe upon the Second Amendment rights of law-abiding citizens.
The dissenting opinion from Judge Callahan suggests that there are differing perspectives within the judiciary on the constitutionality and justification of the law. Legal experts will closely follow the development of the case, as it may have implications beyond California, influencing similar legal battles in other jurisdictions.
Conclusion:
The Ninth Circuit's decision to grant a stay on the injunction against California's ammunition background check law means that "Freedom Week Part 2" is over. California residents are back to living under the previous regime that prevents them from freely ordering ammunition without government interference. We lament this decision, but must abide by the ruling nonetheless.
