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Judge Kills California’s Background Check Law for Ammo

In case you were wondering, the war for freedom continues to rage in this country. Was that too sarcastic? While governors and officials around the country are using a virus that has the same severity as the seasonal flu as an excuse to torch the Constitution, courts are still hashing out the countless minor battles in this war. States continue to push oppressive laws and regulations, and, unfortunately, the courts seem to be the last line of defense.

Thankfully, that line sometimes still holds, as it did in California. They tried to push background checks for ammo sales, and the judge who ruled on it was having none of this.

California actually wasn’t the first state to go for some form of this law. New York passed a similar law earlier, but it was never fully put into effect. A number of other states have regulations on ammo sales that require a background check and some kind of ID card. Those states include Connecticut, Illinois, Massachusetts and New Jersey.

California’s law is different in an important way. It requires a comprehensive background check for every single sale of ammo. It’s quite draconian, and it went into full effect last summer. It has only recently been given a court ruling.

This brings us to U.S. District Judge Roger Benitez. He works in San Diego, and he oversaw the case where this law was challenged by the California Rifle & Pistol Association. After hearing their arguments, he struck down the law rather swiftly. He didn’t just rule against the state of California; he issued a harsh rebuke.

“California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured.” That’s judge speak for “this law is terrible and never should have been allowed to happen in the first place.”

Here’s the cherry on top. This law wasn’t just unconstitutional. It was also poorly executed. You see, even though the background checks were cumbersome, they weren’t (at least legally speaking) intended to stop good people from buying rounds. Despite that, database errors in the system made it completely impossible for most Californians to ever buy ammunition.

Naturally, we’re all left wondering if that was the real plan all along. Any state that can easily pass a grotesquely unconstitutional law probably has no qualms about abusing the systems they put in place. As long as any legal barrier exists to the purchase of ammo, they can easily abuse that barrier and stop ammo sales altogether,  which in this case seemed to be their ultimate goal. They don’t have to get away with it for very long before all of the ammo sellers go out of business. They almost got away with it this time.

This is a big win for the Second Amendment, but it’s really a mixed bag. The fact that a state could pass this law in the first place is disheartening. That there are six states that have passed legislation limiting the sale of ammunition is even worse. The war hasn’t been lost, but 2nd Amendment supporters have clearly lost ground over the past few years.

This isn’t a call to quit or throw in the towel — just the opposite. We can still win victories, but we can’t ever back down or stop fighting. This is why we don’t give an inch. Every time we slip, they steal more freedom, and getting it back is an even greater challenge than protecting it in the first place.


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14 Responses

  1. I am glad we still have some judges that have a little common sense.

  2. Cal-nee-a-for-knee-ia, like all communist fools, are trying to follow Hitler’s axiom, “To take over a country you must first disarm the citizenry”.

  3. CALIFORNIA IS RUN BY UN-AMERICAN BRAINLESS LIBTURDS WHO WILL SOON BE OUT OF JOBS AND SUED BY THEIR CONSTITUANTS!!

  4. Everyone complains about California, Its not the states fault, its the Flaming idiots in office!!!!!!

    1. It is the states fault or at least the people in the states fault. They keep voting in the same communist liberals that are taking their rights away. Then they leave because it’s so bad go to another state and vote the same way. They vote in demonrats that want to take their rights and they ruin another good state. They are doing it to Texas now. Texas is becoming more and more blue because of the idiots fleeing Commiefornia.

      1. To Dave: as long as the Lie-beral DEMONocrats use the Dominion (dominate) voting machines, a conservative will never win. This recent presidential election fraud exposed how the demons keep winning; time and time again. If they continue not being held accountable; forget voting…what’s the use? If we cannot trust our elections; it’s the end of our country. That’s why the Lie-beral DEMONocrat Syndicate has double-downed.

    2. …and the stupid voters that keep putting communists in charge decade after decade.

  5. California is run by a bunch of flaming liberal idiot/moron politicians. It’s nice to see a Judge actually uphold the law and not pander to the liberal Morons who are trying to destroy this country so they can have unrestricted power !

  6. You think things are bad now, IF dementia-Joe and his constitutionally-ineligible “anchor baby” HO, slither into the White house, ( THAT, in MY opinion) is a BREACH of Nation security as BOTH are bought and OWNED by communist China) they already HAVE intentions of following the “teachings” of HITLER (and other dictators) and attempting the disarming of ALL Law-Abiding citizens in the whole U.S. That, my friends WILL cause a civil war in this county that will make the last on look like a “walk in the park”

  7. california will just ignore the judges ruling and business as usual…who’s going to stop them they own the police they own the prosecutors

  8. All you gun grabbers that want to go against the constitution will cause mass death and suffering , it wont work too many are willing to fight to the death to keep those rights.

  9. Remember it’s Kommunist ” Califuckya”; a third world socialist country that you can visit without a visa!

  10. These people who vote Democrat ruin the state that they are in, then they move to another state that is more conservative. Then they continue to vote Democrat, the same way as the state they just moved from, and ruin the state that they just moved to! And so it spreads, the virus of socialism, from state to state.

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