Federal Appeals Court Strikes Down California Ammunition Background Checks
Ruling in Rhode v. Bonta challenges voter-approved measure, prompts strong reaction from Governor Newsom.
A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled on Thursday that California’s requirement for background checks on ammunition purchases is unconstitutional. This decision, in the case of Rhode v. Bonta, upholds an earlier district court ruling that granted a permanent injunction against the law, which was approved by California voters in 2016 and took effect in 2019.
The majority opinion, authored by Circuit Judge Sandra S. Ikuta and joined by Judge Bridget S. Bade, concluded that the fees and delays associated with California’s ammunition background check system “meaningfully constrain California residents’ right to keep and bear arms.” Judge Jay S. Bybee dissented from the ruling.
California Governor Gavin Newsom strongly criticized the appellate court’s decision, calling it a “slap in the face to the progress California has made in recent years to keep its communities safer from gun violence.”
He referenced the 2016 ballot measure, stating that Californians “voted to require background checks on ammunition and their voices should matter.”
In response to Newsom’s remarks, the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) issued a statement. Alan Gottlieb, Chairman of the CCRKBA, commented on the Governor’s reaction, noting that “Constitutional rights are not up to a public vote, which the 9th Circuit panel recognizes, even if he doesn’t.” Gottlieb also referenced a recent podcast appearance by Governor Newsom where he reportedly expressed support for the Second Amendment, contrasting it with the Governor’s current stance.
The Rhode v. Bonta case dates back to 2018. Judge Ikuta and Judge Bade were appointed by President George W. Bush and President Donald Trump, respectively, while Judge Bybee was also a George W. Bush appointee.
Gottlieb suggested that Governor Newsom’s public statements on the matter could influence his political ambitions, given that he is widely considered a potential candidate for the 2028 Democratic presidential nomination.
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