Did Olympian Kim Rhode Just Get Rid of Ammo Background Checks???

United States District Court


On Friday, 4/24/2020, the 9th Circuit Court has “stayed” the injunction.  This means that background checks on ammunition transfers are required.  Basically, it is back to the way it was before the injunction.  Online sales have to be shipped to dealers in California, dealers have to conduct a background check on transfer, etc.  
Please take the time to read the article below and the judge’s decision, but understand that the ammunition background check section of Prop 63 is still in effect.  


California Judge Benítez of Freedom Week fame just issued a decision in the Rhode vs. California lawsuit to get rid of the background checks required for ammunition purchases. So is it good news? No. It’s great news! Check it out.

The intro is amazing:

“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. In this action, Plaintiffs seek a preliminary injunction enjoining California’s onerous and convoluted new laws requiring ammunition purchase background checks and implementing ammunition anti-importation laws. For the reasons that follow, the motion for preliminary injunction is granted.

The purported state interest to be achieved by these new laws is keeping ammunition out of the hands of prohibited Californians. These new laws are constitutionally defective for several reasons. First, criminals, tyrants, and terrorists don’t do background checks. 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.

Second, the implementing regulations systematically prohibit or deter an untold number of law-abiding California citizen-residents from undergoing the required background checks. Third, in the seven months since implementation, the standard background check rejected citizen-residents who are not prohibited persons approximately 16.4 % of the time. Fourth, the ammunition anti-importation laws directly violate the federal dormant Commerce Clause.”

And the decision ends with:

Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order, are enjoined from implementing or enforcing the ammunition sales background check provisions found in California Penal Code §§ 30370(a) through (d) and 30352, and the ammunition anti-importation provisions found in §§ 30312(a) and (b), and 30314(a) as well as the criminal enforcement of California Penal Code §§ 30365, 30312(d) and 30314(c).”

What’s this mean? (Frequently Asked Questions)

  • Will they State try to “stay” the injunction and force background checks again? Likely.
  • When will the injunction be stayed? No telling.
  • Can I buy ammo in California without a background check? Yep!
  • Can I buy ammo in California online from another state? Yep! The judge’s order did not have any qualifying statements so you can buy ammo online, from out of state, and have it shipped to your home.
  • So…no background check? Uhm…no. We just answered that.
  • But for how long? OK, now I feel like you just aren’t paying attention. We just answered that! There is no telling when the State will get a stay and the injunction will be over. But…as soon as we know, you will know.

Together, We Will Win!





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