California Attorney General Rob Bonta is set to challenge a recent district court ruling that struck down the state’s ammunition laws established by Proposition 63 and later amended by SB 1235. The appeal, to be filed today in the case of Rhode v. Bonta, aims to secure an immediate stay on the district court’s decision while the appeal process unfolds. These laws, designed to enhance public safety and uphold constitutional standards, mandate face-to-face transactions at licensed ammunition vendors, require background checks prior to completing sales or transfers, demand proof of lawful presence in the country, and mandate that ammunition vendors report specific information to the California Department of Justice.
Attorney General Bonta emphasized the importance of these measures, stating, “These laws were put in place as a safeguard and a way of protecting the people of California — and they work.” He underscored the commitment to maintaining Californians’ safety while respecting Second Amendment rights. The appeal seeks to overturn the district court’s decision and maintain these critical public safety protections against gun-related harm.
The prevalence of self-assembled “ghost guns,” which are unserialized firearms often acquired through online purchases, underscores the significance of ammunition laws as a barrier to firearm acquisition by prohibited individuals. Background checks for ammunition purchases aid in identifying those unlawfully in possession of firearms, thereby preventing them from obtaining ammunition for these weapons.
The legal challenge revolves around a California law requiring pre-approval of all ammunition sales by the California Department of Justice, conducted exclusively through licensed ammunition vendors. Plaintiffs argue that the law infringes upon Second Amendment rights, violates the Dormant Commerce Clause and Equal Protection Clause, and is preempted by federal law. Following a preliminary injunction granted by the federal district court, subsequently stayed by the Ninth Circuit, the case was remanded back to the district court after the Supreme Court’s ruling in New York Rifle & Pistol Association v. Bruen. The impending appeal to the Ninth Circuit marks the latest development in this ongoing legal battle.
Against the backdrop of escalating gun violence nationwide, characterized by an increase in mass shootings, the importance of robust firearm regulations is underscored. Statistics reveal that gun-related deaths in the U.S. average over 110 per day, with nearly 41,000 annually. Notably, guns rank as the leading cause of death among children and adolescents in the U.S. California’s proactive stance on gun safety, recognized by Giffords Law Center, has contributed to a 37% lower gun death rate than the national average. These efforts are reflected in the state’s standing as the top-ranked state for gun safety in 2021, with a gun death rate significantly below the national average, according to CDC data.