We have breaking news as the California Prop 63, which was enacted by a 2015 ballot measure is currently under injunction. For the past 8 years Californians have had to undergo a background check which required an ID, a firearm registered to the address on the ID, and an additional fee to purchase ammunition. This meant if you recently moved and have no purchased a firearm sense, were from out of state, or owned a firearm that was older than the DOJ’s tracking system you were SOL. Of course you could stand outside the shop and politely ask someone to buy ammo for you, except then you would both be guilty of a felony.
It also meant that unlike the majority of the country California residents were not able to have ammunition shipped to their residence, it had to go through an FFL.
The legality of this law has been argued up and down the various court levels since its inception, with the 9th Circuit upholding the Propositions legality two years ago. In light of the Bruen decision this case has gone back down to the level it was first ruled on, and back into the hands of Hon. Judge Benitez, who just today, placed an injunction on the enforcement of this law.
We expect California to appeal the decision, but for the moment anyone in California can have ammunition shipped to their residence, likely at a lower price than in stores.
An interesting fact about this case as opposed to other cases such as the handgun roster and ‘assault weapons’ ban is this matter was actually a ballot proposition. California has a process that was meant to impower the people to be able to put forward legislation, circumventing the political process, whereas with enough signatures a proposition will be given a number (Prop 63 in this case) and added to the ballot for the voters to decide.
Propositions are not checked for Constitutionality, however the voters of California decided to pass this into law. In terms of recent California firearms cases this is the only one that was a Proposition. The most interesting part of this case is while Propositions are meant as a grassroots effort to empower the citizens, the two primary sponsors of this initiative were then Lt. Governor Gavin Newsom, and Sen. Dianne Firestein.
While this is a huge victory we must remember that California will almost certainly appeal, but for the moment it signals a decisive victory once again under the Bruen decision.