Federal appeals court rules California ammunition background checks unconstitutional

A federal appeal court on Thursday ruled that it is unconstitutional to undergo background check for gun owners for the first law of California to buy ammunition, announcing that it violates the right to second amendment to tolerate weapons.

In a 2–1 judgment, the 9th US Circuit Court of Appeal upheld a permanent prohibition of a lower court judge, which prevented the state from implementing the law.

Circuit Judge Sandra Ekut said that the law had the right to keep and tolerate weapons “meaningfully” and failed to prove that the law 2022 US Supreme Court verdict, New York State Rifle and Pistol Association vs. Brune, was necessarily in line with the historical tradition of the country.

“To check background for shopping for all the ammunition of California, the investigation of the ammunition background of California violates the fundamental right to keep and tolerate weapons,” Ikuta wrote.

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California village. Gavin Newsome, a Democrat, said the decision was “slapped” for efforts to ban firearms in Golden State to ban gun violence.

Newsom said in a statement, “Strong gun laws save life – and today’s decision is a slap for the progress of California, in recent years to protect its communities from gun violence.” “California voted for the need to check the background on the ammunition and their voices should matter.”

The office of the state’s Attorney General Rob Bonta also said a Democrat, “Our families, schools and neighborhoods are nothing less than the most basic security against gunfire violence, and we are looking into our legal options.”

Voters from California approved a ballot measure in 2016, in which gun owners undergo an initial background check to buy ammunition, as well as buy four-year ammunition permits.

The MPs later amended the measure of the need to check the background for the purchase of each church.

California officials said they received 191 reports of “armed and prohibited individuals” last year, which were blocked through background checks by purchasing ammunition.

To review the state decision, 11-judges may ask the appeal court panel or the US Supreme Court.

The Vadi consisted of Kim Roded, who won three Olympic gold medals in shooting events, and California Rifle and Pistol Association.

The gun group president and general lawyer said in a joint statement that the decision was a win against “ending government gun control”, while the road described it as “a big win for all gun owners in California”.

The prohibition was issued by US District Judge Roger Benitez in San Diego. An appeal court panel stopped prohibitory orders during California’s appeal.

California argued that the restrictions of several old firearms supported the background investigation, which included the rules of colonial-era, which requires a license to produce gunpowder, requiring a license to produce gunpowder around 1776, which refused to take “loyal oath” around 1776 and refused to hide the rules of the 19th century and the government applies for the 19th century. was needed.

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Circuit Judge J Baibi, who dissatisfied on Thursday’s decision, accused the majority of ignoring the guidance of the Supreme Court, which is illegal by effectively declared any limit on the sale of ammunition, given that a state can indicate a similar historical analogies.

The law “is not the kind of heavy regulation of the kind that interrupts the right to keep and tolerate weapons meaningfully,” Baybi wrote.

All three judges on Thursday panel were appointed by Republican Presidents, although the appointment of Democratic Presidents holds a majority in the 9th circuit.

Ikuta and Buybi were appointed by former President George W. Bush, while Circuit Judge Bridget Bed, who joined Thursday’s majority, was appointed by President Donald Trump.

Reuters contributed to this report.