Judge Benitez Delivers Smack-Down to Ammo Registration Law

 The AG’s arguments justifying gun restrictions “constitute a long, embarrassing, disgusting, insidious, reprehensible list of examples of government tyranny towards our own people.”
Judge Roger Benitez

 

Today Judge Roger Benitez delivered a stinging rebuke to California’s ammunition registration laws and issued a permanent injunction, thereby declaring the law invalid.

This means that as of this writing, California’s ammunition registration laws are null and void.  The fact that Judge Benitez did not issue a stay of his ruling on Rhode v Bonta to give the state time to appeal is of particular importance.  We fully expect, however, that Attorney General Rob Bonta will make a request of the emergency motions panel of the 9th Circuit for an emergency stay of the ruling.  That being said, the situation is extremely fluid.

Judge Benitez strongly rejected the Attorney General’s argument where he utilized 48 laws to justify restrictions on the possession of guns and ammunition.  The laws cited by Bonta included prohibitions on firearm and ammunition possession on people of color, slaves, and Native Americans.  Judge Benitez wrote that such laws “constitute a long, embarrassing, disgusting, insidious, reprehensible list of examples of government tyranny towards our own people.”

“Gun Owners of California unequivocally agrees with Judge Benitez; if citing racist laws is the best the State of California has to offer in defending the historical notion of firearm restrictions, then they need to close shop and go home” said Sam Paredes, GOC’s Executive Director.

In summarizing his decision, Judge Roger T. Benitez concluded:

“The ammunition background checks laws have no historical pedigree and operate in such a way that they violate the Second Amendment right of citizens to keep and bear arms. The anti-importation components violate the dormant Commerce Clause and to the extent applicable to individuals travelling int California … Accordingly, the Court permanently enjoins the State of California from enforcing the ammunition sales background check provisions found in the California Penal Code…

“We wholeheartedly applaud this ruling and congratulate CRPA on this solid win.  GOC is proud to strategically partner with CRPA, Gun Owners of America, Gun Owners Foundation, 2A Law Center and the Second Amendment Foundation on the legal battlefield in defense of the Second Amendment in California.” said Paredes.

To read the entire ruling, click HERE.