Ninth Circuit Upholds Ruling Against California's Ammo Background Check Law
In a closely watched decision today, a divided panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court's ruling that California's ammunition background check requirements, enacted through voter-approved Proposition 63 in 2016, violate the Second Amendment. The case, Rhode v. Bonta, brought by Olympic gold medalist Kim Rhode and other firearm owners, underscores ongoing tensions between state gun regulations and constitutional protections
Court's Decision
The majority opinion, authored by Judge Sandra S. Ikuta and joined by Judge Bridget S. Bade, applied the Supreme Court's framework from New York State Rifle & Pistol Ass'n v. Bruen (2022) to evaluate the law's constitutionality. California's system mandates face-to-face purchases through licensed vendors, with background checks required for every ammunition transaction. Options include a quick $1 standard check for those with existing firearm records, a $19 basic check for others, or annual certificate verifications processes that the court found impose unnecessary fees, potential delays, and geographic restrictions on law-abiding citizens.
The panel determined that the Second Amendment's plain text covers the right to "operable arms," which inherently includes ammunition. They argued that the regime "meaningfully constrains" this right by creating barriers not just for casual buyers but for anyone needing regular access, such as competitive shooters or off-duty officers maintaining proficiency. Critically, California failed to provide sufficient historical analogues from the Founding or Reconstruction eras (focusing on 1791 and 1868 eras) to justify the repeated checks. Analogues like loyalty oaths, concealed carry permits, surety laws, and vendor licensing were deemed not "relevantly similar" in "how" (burden imposed) and "why" (purpose, e.g., public safety vs. disloyalty). No historical precedent for repeated background checks on every ammo purchase.
This facial challenge succeeded, meaning the law was deemed invalid in all applications, leading the court to uphold a permanent injunction against enforcement. The decision did not address related claims under the dormant Commerce Clause or federal preemption, focusing squarely on Second Amendment grounds.
Judge Jay S. Bybee dissented vigorously, arguing that the majority overlooked Bruen's endorsement of "shall-issue" licensing regimes with modest fees and delays. He pointed out that most checks under California's system cost just $1 and process in under a minute, hardly a "meaningful constraint" on access. Bybee warned that the ruling could undermine practical regulations that help ensure ammunition doesn't fall into the wrong hands.
Governor Newsom's Response
Governor Gavin Newsom, a prominent figure in national gun control efforts, quickly issued a statement criticizing the ruling as a setback for public safety initiatives. He emphasized the voter-approved nature of the law, stating:
“Strong gun laws save lives – and today’s decision is a slap in the face to the progress California has made in recent years to keep its communities safer from gun violence. Californians voted to require background checks on ammunition and their voices should matter.”
Conclusion
Many first responders value streamlined access to ammunition for training, home defense, or off-duty carry, viewing excessive red tape as an added burden in an already demanding profession. While supporters of the law argue it enhances community safety, critics contend it disproportionately affects responsible owners without clear historical precedent.
This ruling could prompt California to seek en banc review or Supreme Court intervention, especially given the split panel and Bruen's evolving application. In the meantime, this ruling removes a layer of regulation that some see as overly restrictive.
Ninth Circuit Declares California's One-Gun-A-Month Law Unconstitutional: Implications for Peace Officers and Public Safety
In a significant victory for Second Amendment rights, the Ninth Circuit Court of Appeals has struck down California's longstanding one-gun-a-month purchase restriction, ruling it facially unconstitutional. The unanimous decision in Nguyen v. Bonta, handed down on June 20, 2025, rejects the state's attempt to limit firearm acquisitions without historical precedent, emphasizing the plural nature of the right to "keep and bear Arms." For California peace officers and public safety professionals, this ruling not only expands access to firearms but also underscores the evolving landscape of gun regulations post-Bruen, potentially affecting training, personal protection, and enforcement duties.
The case challenged California's 1999 law, which prohibited most residents from purchasing more than one handgun or semiautomatic centerfire rifle within any 30-day period. Plaintiffs, backed by groups like the Firearms Policy Coalition (FPC), Second Amendment Foundation (SAF), and California Rifle & Pistol Association (CRPA), argued it infringed on the Second Amendment's core protections. The Ninth Circuit panel—Judges Danielle J. Forrest (Trump appointee), John B. Owens (Obama appointee), and Bridget S. Bade (Trump appointee)—agreed, finding no basis in America's founding-era traditions for such metering of constitutional rights.
Judge Forrest's opinion dismantled the state's defenses. California claimed the Second Amendment doesn't protect acquiring multiple firearms, as the law allowed initial purchases. The court rebuffed this: "The Second Amendment protects the right of the people to 'keep and bear Arms,' plural," Forrest wrote. "This 'guarantee[s] the individual right to possess and carry weapons.' And not only is 'Arms' stated in the plural, but this term refers to more than just guns." She drew analogies to other rights: "We are not aware of any circumstance where government may temporarily meter the exercise of constitutional rights in this manner... [like] limit[ing] citizens’ free-speech right to one protest a month."
The state invoked historical analogues, such as colonial-era laws on arms sales to Native Americans or intoxicated persons, but the panel found them inapplicable. "Many of California’s proposed historical analogues impose no burden on an individual’s ability to acquire, keep, or bear arms," Forrest noted. Distinguishing from a Fifth Circuit case upholding enhanced background checks for young adults, the court highlighted that delay here was the purpose, not a byproduct of valid scrutiny.
Judge Owens concurred, clarifying the ruling doesn't preclude other measures against bulk or straw purchases if historically supported. The decision halts enforcement in Ninth Circuit states: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
Many first responders are already exempt from the limit, but retired officers may benefit from easier access for personal defense or training. The court's reasoning follow post-Bruen trends scrutinizing restrictions, potentially easing burdens on law enforcement implementing such laws.
Gun-rights advocates hailed the win. "We have a right to buy more than one gun at a time just as we have a right to buy more than one bible at a time," FPC President Brandon Combs said. SAF echoed: "This is a unanimous decision... in favor of SAF and its partners."
Governor Newsom called the decision a "slap in the face," while Attorney General Bonta emphasized that the ruling undermines the state's efforts to reduce gun violence. Bonta's office hasn't commented on appeals, but en banc review is possible.
