Court Strikes Down California Ammunition Background Check Law

State officials and gun control advocates are raising alarms about the future of firearm safety after the 9th U.S. Circuit Court of Appeals on Thursday struck down a California law that requires a background check for people purchasing ammunition.

Under the law, firearm owners had to prove they were registered with the state Department of Justice and were legally allowed to possess guns and ammunition. A federal appeals court declared the requirement unconstitutional in a 2-1 vote, a decision advocates say could jeopardize California’s progress on gun safety.

“We’re really devastated, really hurt and really outraged to sort of see the decision of the court today,” said Christian Heyne, chief officer of policy and programs at Brady United Against Gun Violence. “When you look at the fact that guns are the leading killer of children and young people in this country, we have got to do everything we possibly can in the name of public safety.”

The ammunition law, passed in 2019, has faced legal challenges for years. Last year, a federal district court judge issued a permanent injunction against blocking the background check requirement. The 9th Circuit later stayed the injunction after the state appealed.

In the court’s majority opinion, Judge Sandra Ikuta wrote that the law violates a citizen’s constitutionally protected right to purchase and own operable arms, which also includes the purchase of ammunition.

“By subjecting Californians to background checks for all ammunition purchases, California’s ammunition background check regime infringes on the fundamental right to keep and bear arms,” the majority opinion stated.

Heyne said the state’s comprehensive gun laws are the main reason why California sees lower rates of gun-related casualties. Despite high gun sales, public health initiatives focused on violence intervention and purchasing restrictions to keep people safe.

Because background checks for firearms purchases have been upheld as constitutional, Heyne said the same logic should apply to ammunition. He added that he hopes to see the decision appealed.

“We’re talking about background checks here,” Heyne said. “Taking the extra step to go through a one-minute background check when procuring ammunition, it can save so many lives.”

Christine Lee, a spokesperson for the Department of Justice, called the ruling “deeply disappointing,” saying it overturns a law that prevents ammunition from falling into the wrong hands and helps keep families and neighborhoods safe. The department is evaluating its legal options.

Meanwhile, some gun owners in the Bay Area are praising the ruling as a protection of Second Amendment rights in a state with some of the country’s most restrictive gun laws.

John Parkin, president and owner of Coyote Point Armory in Burlingame, described the state law as a nuisance for gun store owners and their customers. He said the restriction prevents him from selling to lawful gun owners — especially those whose older firearm purchases are missing from state records or who are licensed outside California.

If a customer changed their address or purchased their firearm decades ago, Parkin said, the system would block them from selling them ammunition. He argued the state should focus instead on the illegal arms and ammunition sold on the streets.

Illegal guns “are available on the streets, just like illegal drugs,” Parkin said. “An illegitimate purchaser is not going to come into a gun store and just buy a gun. They’re going to be denied.”