A coalition of gun rights groups filed an amicus brief in the Ninth Circuit Court of Appeals for the Rhode v. Becerra case. The brief indicated that ammunition background checks violated the Second Amendment of Californians, and the state failed to prove its effectiveness in reducing crime. The groups said the case was important to them because it affected their members’ ability to exercise their Second Amendment rights.
The Firearms Policy Coalition (FPC) and Firearms Policy Foundation (FPF) was joined by the California Gun Rights Foundation, Madison Society Foundation, and Second Amendment Foundation in the brief.
The case originated from California’s enactment of regulations requiring ammunition buyers to undergo background checks. To effect these changes, buyers must obtain ammo through a licensed ammunition vendor, and the purchase must receive authorization by the Department of Justice.
In the brief, the gun rights groups said the process of obtaining ammunition was “complex, deficient, and ineffective.” They pointed out that the system was buggy. The coalition said that even under 100% accuracy, ammunition background checks have proven to be ineffective in preventing crime.
The amicus brief says that the Second Amendment protects ammunition and the right to possess firearms includes the right to obtain ammunition. It also points out that the court agrees that ammunition background checks are not “presumptively lawful” contrary to the state’s claim. California’s ammunition background checks also fail to withstand “intermediate scrutiny,” according to the coalition. Additionally, the states ammo background checks cannot survive a “simple Heller test.”
The gun rights groups concluded that ammo background checks burdened law-abiding citizens despite failing to prevent criminals from acquiring ammo. They pointed out that the system locks out 16% of law-abiding citizens from purchasing ammunition while managing to prevent only 0.1% of criminals from obtaining the same.
“The State has provided no evidence that its background check system has any effect on gun violence,” the coalition adds.
“The district court, therefore, did not abuse its discretion by granting an injunction on Second Amendment grounds. Its decision should be affirmed,” FPC continues.
Meanwhile, Lt. Gov. Dan Patrick is pushing universal background checks in our state, and if left unchecked, it will not be long until we see bills like this getting traction in Austin. Texas is embarrassingly ranked 29th for gun rights, and with the help of the political elites in Austin, we will surely rank among New York, California, and Illinois if left to their own devices. Please join our fight today, and help us restore Texas' place as the standard for the U.S.
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