Update: April 25, 2020
The 9th granted an emergency stay while they review the appeal from AG Becerra. There are two Obama and one Trump appointed judges on the appeals assignment panel this month. After they review the appeal, they can either lift the stay or make it temporary until trial.
More info to come. This is a setback but it doesn’t mean we are losing. Winning will always be hard and that’s why we need your help.
ORDER of USCA as to  Notice of Interlocutory Appeal to the 9th Circuit filed by Xavier Becerra. The USCA has received appellant’s emergency motion for a stay. The request for an immediate administrative stay is granted. The USDC’s April 23, 2020 preliminary injunction order is temporarily stayed pending further court order. The USCA will address the emergency stay motion by separate order.
April 24, 2020
In a stunning rebuke of California’s ammunition registration scheme, Judge Roger Benitez thwarted the law, citing its blatant unconstitutionality.
“Judge Benitez issued a smackdown on steroids to the Attorney General” said GOC Executive Director Sam Paredes. “In all practical terms, he suspended the entire ammunition law and he did it with a one-two punch. The insight and clarity of this decision is nothing short of mind-blowing.”
WHAT DOES THIS MEAN TO CALIFORNIA GUN OWNERS?
- Retail sales of ammo can resume immediately without background checks and fees.
- Online sales can also resume.
- Transfer and sales between friends can also resume without limitations.
- Ammo venders no longer must register with the state as dealers.
In his 120-page decision, Benitez dramatically pointed to what he called “onerous and convoluted” regulations that violate the constitutional right to bear arms.
“The experiment has been tried. The casualties have been counted. California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured,” Benitez wrote, granting the plaintiff’s motion for a preliminary injunction.
Ever since the Department of Justice began the registration process last July, Gun Owners of California had been working with other Second Amendment groups to gather statistical data from licensed ammunition vendors and customers on the system’s many problems. “We asked for horror stories, and boy did we get them” said Paredes. “We believe the collection of this data was key in Benitez making his decision and helpful in strengthening our arguments in the lawsuit (Rhode v. Becerra).” To read some of the specific issues Californians have had, click here.
We cannot be involved in these battles without your help! PLEASE, help us continue the fight for the next battle ahead!
“Criminals, tyrants, and terrorists don’t do background checks,” Benitez wrote. “The background check experiment defies common sense while unduly and severely burdening the Second Amendment rights of every responsible, gun-owning citizen desiring to lawfully buy ammunition.”
The lawsuit by California Rifle & Pistol Association was joined by out-of-state ammunition sellers and California residents, including 6 time Olympic gold medal winner Kim Rhode.
In the closing of his decision, Benitez ordered the Attorney General and his staff to inform all law enforcement officers that this injunction expressly prohibits the enforcement of California’s ammunition law. It further ordered the Attorney General to comply within ten days and then report back to the court.
This is one significant victory – there are more on the horizon if we press on.