BOURNE 05/19/23 A clip of 50 caliber machine gun bullets on display in a virtual firing range that was one stop as part of a tour of Camp Edwards for civilians Cape Cod Times Steve Heaslip
Sacramento, California – A federal appeals court on Thursday struck down California’s voter-approved requirement that ammunition buyers undergo background checks, ruling the measure violates the Second Amendment. The decision delivers a significant blow to California’s efforts to strengthen its already strict gun control laws.
In a 2–1 decision, the 9th U.S. Circuit Court of Appeals upheld a lower court’s 2024 ruling that the ammunition law is unconstitutional. Originally passed by voters in 2016 as Proposition 63, the law took effect in 2019 and required individuals to pass a background check—costing either $1 or $19—each time they purchased ammunition.
The court concluded that the law imposes an undue burden on the right to bear arms by limiting access to ammunition, which is essential for firearms to function. Writing for the majority, Judge Sandra Segal Ikuta argued that the requirement “meaningfully constrains” that right by subjecting individuals to repeated screenings before they can purchase bullets.
The case centers on the interpretation of the Second Amendment in the wake of recent Supreme Court rulings, including the 2022 decision in New York State Rifle & Pistol Association v. Bruen, which requires modern gun laws to align with the nation’s historical traditions. Under this framework, many of California’s gun regulations are facing renewed legal scrutiny.
Governor Gavin Newsom, a vocal proponent of gun safety measures, condemned the decision. He framed it as a rejection not only of legislative priorities but of the will of California voters, who approved the ammunition check law by a 63% majority. State officials expressed concern that the ruling could make it easier for people prohibited from owning firearms—such as convicted felons or individuals with certain mental illnesses—to access ammunition.
The California Department of Justice noted that the background check system had flagged tens of thousands of ineligible buyers. In the first half of 2023 alone, the system reportedly denied more than 58,000 ammunition purchase requests, roughly 11% of all attempts. State officials argue that without such oversight, tracking unauthorized gun possession becomes significantly harder, especially in cases involving unregistered or homemade firearms.
Gun rights advocates, however, have long criticized the law as overly burdensome. The California Rifle & Pistol Association, which brought the lawsuit, characterized the measure as an infringement on lawful gun ownership and applauded the court’s decision as a necessary check on government overreach.
Thursday’s ruling adds to a growing list of recent court decisions that have invalidated key elements of California’s gun laws. Similar legal challenges have already led to the striking down of bans on high-capacity magazines and certain semi-automatic weapons, while other regulations—including those concerning handgun sales and surveillance requirements for gun stores—remain under review.
The state is expected to appeal, but for now, the ruling marks a significant rollback in California’s regulatory approach to ammunition and firearm access.
