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No Background Check For Ammo #6852984
04/23/20 10:07 PM
04/23/20 10:07 PM
Joined: Aug 2016
Posts: 958
eastern washington
B
BillyTraps Offline OP
trapper
BillyTraps  Offline OP
trapper
B

Joined: Aug 2016
Posts: 958
eastern washington
Judge tosses California ammunition purchase law

SACRAMENTO, Calif. (AP) — A federal judge on Thursday blocked a California law requiring background checks for people buying ammunition, issuing a sharply worded rebuke of “onerous and convoluted” regulations that violate the constitutional right to bear arms.

U.S. District Judge Roger Benitez in San Diego ruled in favor of the California Rifle & Pistol Association, which asked him to stop the checks and related restrictions on ammo sales.

“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,” Benitez wrote in a 120-page opinion granting the group’s motion for a preliminary injunction.

Voters approved toughening California’s already strict firearms laws in 2016, and the restrictions took effect last July.

New York was the first state to require a comprehensive ammunition background check system for each sale, but it never took effect. That left California as the first to the extend firearm background checks to each ammunition sale.

Four other states — Connecticut, Illinois, Massachusetts and New Jersey — require buyers to undergo background checks to obtain firearms or ammunition licenses that they must show when buying bullets, according to the Giffords Law Center to Prevent Gun Violence.

Hannah Shearer, the center’s litigation director, called the ruling “a dangerous step in the wrong direction” at a time when gun stores are seeing increased sales to those worried about the effect of coronavirus on society or their safety.

“The law’s red tape and state database errors made it impossible for hundreds of thousands of law-abiding Californians to purchase ammunition for sport or self-defense,” said Chuck Michel, the association’s general counsel. “The court found that the flimsy reasons offered by the government to justify these constitutional infringements were inadequate.”

He expected the state to appeal the ruling. But in the meantime “Californians can sleep a little easier tonight knowing their Constitutional rights were restored and strengthened by this decision,” he said.

Gov. Gavin Newsom championed the law before he became governor, and spokeswoman Vicky Waters said his administration is disappointed by the decision and considering its next steps. “California’s strong gun safety laws help keep our schools and communities safe,” she said.

The state attorney general’s office said only that it is reviewing the decision. It did not immediately say if it will appeal or seek to stay the order, which takes effect immediately at a time when some California gun stores have been ordered shut because of the coronavirus. Among the places where the shops were not deemed essential businesses are Los Angeles and San Jose.

The same judge’s decision last year striking down the state’s ban on high-capacity ammunition magazines sparked a week-long buying frenzy before he halted sales while the state appeals his ruling. Gun owners similarly rushed to stockpile ammunition before the new restrictions took effect last summer.

Benitez called the ammunition background check law “onerous and convoluted” and “constitutionally defective.”

“Criminals, tyrants, and terrorists don’t do background checks,” he wrote. “The background check experiment defies common sense while unduly and severely burdening the Second Amendment rights of every responsible, gun-owning citizen desiring to lawfully buy ammunition.”

While it is intended to keep ammunition from criminals, it blocked sales to legitimate, law-abiding buyers about 16% of the time, he wrote. Moreover, he ruled that the state’s ban on importing ammunition from outside California violates federal interstate commerce laws.

Attorney General Xavier Becerra said in a court filing earlier this month that the background checks stopped more than 750 people from buying bullets illegally from July 2019 through January 2020, not including those who didn’t even try because they knew they weren’t eligible.

The law requires buyers who already are in the state’s firearm background check database to pay a $1 fee each time they buy ammunition, while others can buy longer-term licenses if they do not have certain criminal convictions or mental health commitments.

It took an average of less than 5 minutes to complete the background checks, according to state court filings.

“There is no substantial impediment,” the state said in court documents. “Ammunition purchasers must pass an eligibility check that, in the vast majority of cases, delays a purchase by a few minutes.”

Benitez ruled that the ammunition law illegally locks out-of-state vendors out of California’s market, and that it conflicts with a federal law allowing gun owners to bring their firearms and ammunition through California.

The lawsuit by California Rifle & Pistol Association was joined by out-of-state ammunition sellers and California residents, including Kim Rhode. She has won six Olympic shooting medals.
https://apnews.com/da939b10185f662e536ec96dc6156aa2

Re: No Background Check For Ammo [Re: BillyTraps] #6853012
04/23/20 10:35 PM
04/23/20 10:35 PM
Joined: Feb 2014
Posts: 25,692
nm
A
adam m Offline
trapper
adam m  Offline
trapper
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Joined: Feb 2014
Posts: 25,692
nm
That is great news. I have a few friends and some family in Ca and they hated the background check for ammo

Re: No Background Check For Ammo [Re: BillyTraps] #6853042
04/23/20 11:02 PM
04/23/20 11:02 PM
Joined: May 2013
Posts: 3,162
Green Bay, Wisconsin
tlguy Offline
trapper
tlguy  Offline
trapper

Joined: May 2013
Posts: 3,162
Green Bay, Wisconsin
Wonder if this will be like the high capacity mag deal where there was a rush on them for a week then it was appealed. Not a great time for there to be a rush on ammo.

Re: No Background Check For Ammo [Re: BillyTraps] #6853177
04/24/20 05:17 AM
04/24/20 05:17 AM
Joined: Jun 2009
Posts: 420
west virginia
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hillbillyjake Offline
trapper
hillbillyjake  Offline
trapper
H

Joined: Jun 2009
Posts: 420
west virginia
A person has to have a "license" to buy guns and ammunition in CT, MA, IL, NJ?

Re: No Background Check For Ammo [Re: hillbillyjake] #6853187
04/24/20 05:58 AM
04/24/20 05:58 AM
Joined: Feb 2015
Posts: 10,471
Iowa
T
trapdog1 Offline
trapper
trapdog1  Offline
trapper
T

Joined: Feb 2015
Posts: 10,471
Iowa
Originally Posted by hillbillyjake
A person has to have a "license" to buy guns and ammunition in CT, MA, IL, NJ?


Yes, and its working. Just look how safe Chicago is!

Re: No Background Check For Ammo [Re: BillyTraps] #6853189
04/24/20 06:06 AM
04/24/20 06:06 AM
Joined: Dec 2006
Posts: 29,750
williamsburg ks
D
danny clifton Offline
"Grumpy Old Man"
danny clifton  Offline
"Grumpy Old Man"
D

Joined: Dec 2006
Posts: 29,750
williamsburg ks
lets all make fun of canadian gun law. no totalitarian regimes in the good ol yew ess of ay


Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
Re: No Background Check For Ammo [Re: BillyTraps] #6853193
04/24/20 06:12 AM
04/24/20 06:12 AM
Joined: Dec 2006
Posts: 29,750
williamsburg ks
D
danny clifton Offline
"Grumpy Old Man"
danny clifton  Offline
"Grumpy Old Man"
D

Joined: Dec 2006
Posts: 29,750
williamsburg ks
P.S. State rights does not mean violate the constitution. State rights are supposed to be constitutionally constrained. The constitution lays out the parameters of both federal and state government. Lot of wiggle room for state government, does not mean that states can legally suspend the bill of rights. Not even CA IL CT MA NJ NY or any other state.


SHALL NOT BE INFRINGED


Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
Re: No Background Check For Ammo [Re: BillyTraps] #6853280
04/24/20 08:29 AM
04/24/20 08:29 AM
Joined: May 2011
Posts: 848
Michigan
coonlove Offline
trapper
coonlove  Offline
trapper

Joined: May 2011
Posts: 848
Michigan
Illinois requires a Firearm Owners Identification Card (FOID) to purchase firearms or ammunition. Also have to have one to even be in possession of a firearm. Wait! it gets worse-I'm told that now you have to show your card to even gain entry to a gun show. I left that state 33 years ago. On a recent nostalgia trip , I stopped at a gun shop that I used to frequent in Glenwood and the owner would not let me past the door when he learned that I wasn't a resident. Things have changed in my lifetime for sure.


"I'm the paterfamilias"
Re: No Background Check For Ammo [Re: BillyTraps] #6853283
04/24/20 08:33 AM
04/24/20 08:33 AM
Joined: Aug 2013
Posts: 318
Chillicothe.Il
Trapper Dan2 Offline
trapper
Trapper Dan2  Offline
trapper

Joined: Aug 2013
Posts: 318
Chillicothe.Il
In Il all we have to do is show our FOID card to buy ammo.No paper work to fill out.


Dan

Re: No Background Check For Ammo [Re: BillyTraps] #6853284
04/24/20 08:34 AM
04/24/20 08:34 AM
Joined: May 2011
Posts: 848
Michigan
coonlove Offline
trapper
coonlove  Offline
trapper

Joined: May 2011
Posts: 848
Michigan
in Michigan, all I have to show is a 20 dollar bill.


"I'm the paterfamilias"
Re: No Background Check For Ammo [Re: BillyTraps] #6853292
04/24/20 08:48 AM
04/24/20 08:48 AM
Joined: Mar 2013
Posts: 16,988
Fredonia, PA.
Finster Offline
trapper
Finster  Offline
trapper

Joined: Mar 2013
Posts: 16,988
Fredonia, PA.
The judge was nominated by W.


I BELIEVE IN MY GOD, MY COUNTRY AND IN MYSELF.
Re: No Background Check For Ammo [Re: hillbillyjake] #6853301
04/24/20 08:55 AM
04/24/20 08:55 AM
Joined: Dec 2006
Posts: 41,592
Northern Maine
Bruce T Offline
trapper
Bruce T  Offline
trapper

Joined: Dec 2006
Posts: 41,592
Northern Maine
Originally Posted by hillbillyjake
A person has to have a "license" to buy guns and ammunition in CT, MA, IL, NJ?

Wow


Nevada bound
Re: No Background Check For Ammo [Re: BillyTraps] #6853400
04/24/20 10:24 AM
04/24/20 10:24 AM
Joined: Feb 2010
Posts: 19,691
pa
H
hippie Offline
trapper
hippie  Offline
trapper
H

Joined: Feb 2010
Posts: 19,691
pa
The only background check I ever had to buy ammo was in the '60's and I was 6 or 7.
I flipped a quarter on the counter of the town store and asked for a box of 22's.

The clerk, my grandmas brother called my pap and asked if I was allowed to have them. smile

Re: No Background Check For Ammo [Re: BillyTraps] #6853406
04/24/20 10:34 AM
04/24/20 10:34 AM
Joined: Dec 2006
Posts: 29,750
williamsburg ks
D
danny clifton Offline
"Grumpy Old Man"
danny clifton  Offline
"Grumpy Old Man"
D

Joined: Dec 2006
Posts: 29,750
williamsburg ks
Asking permission to buy own posses or carry firearms and or ammo. Would make patrick henry load his rifle again


Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
Re: No Background Check For Ammo [Re: Trapper Dan2] #6853501
04/24/20 12:03 PM
04/24/20 12:03 PM
Joined: Jan 2008
Posts: 9,153
Alaska and Washington State
W
waggler Offline
trapper
waggler  Offline
trapper
W

Joined: Jan 2008
Posts: 9,153
Alaska and Washington State
Originally Posted by Trapper Dan2
In Il all we have to do is show our FOID card to buy ammo.No paper work to fill out.


Dan

Why should you have to show anything in order to exercise a constitutional right. What if someone suggested we need to have a license in order to practice religion, free speech, or to vote? Of course the leftist would howl (as should everyone else).


"My life is better than your vacation"
Re: No Background Check For Ammo [Re: BillyTraps] #6853513
04/24/20 12:17 PM
04/24/20 12:17 PM
Joined: Aug 2011
Posts: 45,270
james bay frontierOnt.
B
Boco Online content
trapper
Boco  Online Content
trapper
B

Joined: Aug 2011
Posts: 45,270
james bay frontierOnt.
Too bad you dont have the constitutional right to drive,or not pay property taxes.
You are not as free as you think you are,lol.


Forget that fear of gravity-get a little savagery in your life.
Re: No Background Check For Ammo [Re: Boco] #6853516
04/24/20 12:21 PM
04/24/20 12:21 PM
Joined: Mar 2013
Posts: 16,988
Fredonia, PA.
Finster Offline
trapper
Finster  Offline
trapper

Joined: Mar 2013
Posts: 16,988
Fredonia, PA.
Originally Posted by Boco
Too bad you dont have the constitutional right to drive,or not pay property taxes.
You are not as free as you think you are,lol.

The queen called, she want's your guns.


I BELIEVE IN MY GOD, MY COUNTRY AND IN MYSELF.
Re: No Background Check For Ammo [Re: BillyTraps] #6853528
04/24/20 12:30 PM
04/24/20 12:30 PM
Joined: Dec 2006
Posts: 29,750
williamsburg ks
D
danny clifton Offline
"Grumpy Old Man"
danny clifton  Offline
"Grumpy Old Man"
D

Joined: Dec 2006
Posts: 29,750
williamsburg ks
IMO driving is also a right granted under the ninth amendment

Quote
The Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


how can it not be a right to use a vehicle you own on PUBLIC right of ways you are forced to pay for?


instead of "driver license" forfeiture for things like drunk driving, mandatory jail time should be imposed. no work programs, no at home programs, willingly put others lives at risk should be a jail sentence. rich or poor, go to jail. forget fines. addicts can go through withdrawal in a jail cell and non addicts can decide they need to make better choices


Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
Re: No Background Check For Ammo [Re: BillyTraps] #6853532
04/24/20 12:35 PM
04/24/20 12:35 PM
Joined: Dec 2006
Posts: 29,750
williamsburg ks
D
danny clifton Offline
"Grumpy Old Man"
danny clifton  Offline
"Grumpy Old Man"
D

Joined: Dec 2006
Posts: 29,750
williamsburg ks
i never heard a staunch 2A supporter say drunks should be tolerated on a public gun range either


FWIW I like to indulge in a little ethanol consumption myself. Freedom requires some responsibility to the health and welfare of others


Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
Re: No Background Check For Ammo [Re: danny clifton] #6853534
04/24/20 12:36 PM
04/24/20 12:36 PM
Joined: Oct 2009
Posts: 6,366
east central WI
K
k snow Offline
trapper
k snow  Offline
trapper
K

Joined: Oct 2009
Posts: 6,366
east central WI
Originally Posted by danny clifton
i never heard a staunch 2A supporter say drunks should be tolerated on a public gun range either


FWIW I like to indulge in a little ethanol consumption myself. Freedom requires some responsibility to the health and welfare of others


Agreed with that 100%. Personal responsibility would go a long way to making this country greater.

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