(Daily360.com) – A California District Court judge has dealt a serious blow to the Golden State’s anti-gun legislators in a scathing ruling. Judge Roger T. Benitez handed down a 32-page decision that tore apart the state’s desire to force every gun owner to undergo a new background check every time they buy ammunition as well as forbidding them from bringing home ammunition they bought elsewhere.
The judge compared it to someone who is approved to purchase a car and then is required to be re-approved every time they wanted to put gas in the vehicle. The legislation known as Senate Bill 1235, according to the judge, “infringes” on a citizen’s right to keep and bear arms and is thus unconstitutional. He wrote that the repeated background checks are not only unlawful but can’t be trusted because at least 11% of checks the system runs show problems that block innocent citizens from buying ammunition.
Benitez also took the opportunity to blast the state’s attempted citing of precedents for their law. He said they referenced a myriad of laws written in different states from 1789-1868, all of which he wrote were “reprehensible.” Most of the laws cited were written to deliberately keep blacks and other minority groups from owning firearms. Benitez outlined that this is the state’s third attempt to use these 50 “disgusting” laws as precedent to limit Californians from purchasing ammunition.
Benitez did not order a stay along with his decision, meaning Californians can purchase ammunition online or in stores without needing to submit to a background check. The California District Attorney had asked the judge for a stay because he intends to appeal this decision. The appeal will be heard by the Ninth Circuit Court where the DA will likely find more opinions favorable to this law.
Second Amendment advocates are happy with the decision but remain cautious due to the liberal nature of the Ninth Circuit Court. Other states like New York have similar ammunition background checks and regulations. Should the decision hold, comparable cases may be brought in those states as well.
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