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Rhode v. Becerra - challenge to CA background check to buy ammo


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#1 Euler

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Posted 26 July 2019 - 06:14 AM

I think I've seen some posts, but not a thread on just this case. The case was filed last year, but the law went into effect July 1 this year, so CRPA filed an injunction to block its enforcement earlier this week.

USA Today

Several gun rights advocates are suing to block a new California law that requires additional background checks ahead of ammunition purchases, calling it a violation of Second Amendment rights.

The preliminary injunction, filed by the California Rifle and Pistol Association on Monday in a federal court in San Diego, names Kim Rhode, an Olympic shooter and National Rifle Association board member, as its lead plaintiff.
...
The new law requires anyone who purchases ammunition in California to undergo a background check, at a cost of $1, with every purchase. Those who don't already have their information in the Department of Justice's system for these point-of-sale screenings will have to pay up to $20 for an initial screening.

The law also requires that all ammo purchases take place in person. Even online orders must be delivered to a licensed vendor for customer pick-up.
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The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#2 Euler

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Posted 24 April 2020 - 12:57 AM

Order Granting Plaintiffs' Motion for Preliminary Injunction (PDF)

...
The purported state interest to be achieved by these new laws is keeping ammunition out of the hands of prohibited Californians. These new laws are constitutionally defective for several reasons. First, criminals, tyrants, and terrorists don’t do background checks. 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.Second, the implementing regulations systematically prohibit or deter an untold number of law-abiding California citizen-residents from undergoing the required background checks. Third, in the seven months since implementation, the standard background check rejected citizen-residents who are not prohibited persons approximately 16.4% of the time. Fourth, the ammunition anti-importation laws directly violate the federal dormant Commerce Clause.
...
IT IS HEREBY ORDERED that:
1. Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order, are enjoined from implementing or enforcing the ammunition sales background check provisions found in California Penal Code §§ 30370(a) through (d) and 30352, and the ammunition anti-importation provisions found in §§ 30312(a) and (b), and 30314(a) as well as the criminal enforcement of California Penal Code § § 30365, 30312(d) and 30314(c).

2. Defendant Attorney General Xavier Becerra shall provide forthwith, by person al service or otherwise, actual notice of this order to all law enforcement personnel who are responsible for implementing or enforcing the enjoined statute. Within 10 days, t he government shall file a declaration establishing proof of such notice. Alternatively, the parties may file a stipulation.

IT IS SO ORDERED.
DATED: April 23, 2020
Roger T. Benitez
United States District Judge


Edited by Euler, 24 April 2020 - 01:03 AM.

The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#3 Redlin

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Posted 24 April 2020 - 03:50 AM

Order Granting Plaintiffs' Motion for Preliminary Injunction (PDF)

...
The purported state interest to be achieved by these new laws is keeping ammunition out of the hands of prohibited Californians. These new laws are constitutionally defective for several reasons. First, criminals, tyrants, and terrorists don’t do background checks. 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.Second, the implementing regulations systematically prohibit or deter an untold number of law-abiding California citizen-residents from undergoing the required background check..
.

 

This makes total sense of course.Yet the FOID law,which is basically a background check one must have on your person to make purchases,remains the law of the land here in IL after all these years.SMH.
 


Arms discourage and keep the invader and plunderer in awe, and preserve order in the world... Horrid mischief would ensue were the law-abiding deprived of the use of them.

Thomas Paine

 

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