Judge Benitez Blocks and Reprimands California Over Its Ammunition Background Checks Law

U.S. District Judge Roger Benitez has blocked California's law that required background checks for ammunition purchases. California voted for the bill, named Proposition 63, back in 2016 but only took effect in July 2019. California Rifle & Pistol Association filed for a preliminary injunction asking the judge to halt the law.

In his 120 pages opinion of the ruling, Judge Benitez said the law violated the citizens' Second Amendment rights, was convoluted, and onerous. He added that the experiment had been tried, and the only casualties were the law-abiding citizens.

"The experiment has been tried. The casualties have been counted," Benitez wrote. "California's new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured."

He said the ammunition background checks requirements evaded commonsense and was only effective in preventing the law-abiding citizens from purchasing ammunition because criminals just ignored it.

"Criminals, tyrants, and terrorists don't do background checks," Judge Benitez said. "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."

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The judge noted that the ban on importing ammunition also violated federal interstate commerce laws. Judge Benitez had also blocked the state's ban on high capacity magazines in 2019.

California Rifle and Pistol Association president Chuck Michel said the ruling was a devastating blow for anti-2A activists who wanted to infringe on the rights of citizens by using safety as an excuse.

"The court found that the flimsy reasons offered by the government to justify these constitutional infringements were inadequate," Michel said.

California's Attorney General, Xavier Becerra, said the law prevented 750 criminals from buying firearms. However, California Rifle & Pistol Association's president says the system's database errors had locked thousands of law-abiding citizens from purchasing ammunition. AG Becerra said the state was reviewing the decision but did not indicate whether they would appeal.

The states of Connecticut, Illinois, Massachusetts, and New Jersey have similar laws that require citizens to undergo background checks while purchasing ammunition. New York also has a similar rule but has not been implemented yet.

The failure of California's gun laws says a lot about the type of legislation that the state's Liberal government has been trying to force across the state.

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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