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Lifelong hunter J.R. Young of San Jose rushed to an online ammunition dealer last week after a federal court decision overturned a California gun law that required background checks in person at every point of sale.
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“Is this freedom week?” he said. “I was just curious to see if this striking down of the law is allowing companies to ship into the state again.
“The way we live in society now — when we want to buy something, we don’t want to go and take a trip to the store.”
Many bullet junkies, hunters and gun enthusiasts like Young quietly celebrated the 9th Circuit Court of Appeals ruling that may or may not ultimately put a dent in the state’s strict policies for purchasing ammunition.
For now, they can’t avoid the background checks. Four days after the decision, gun and ammunition dealers received notice that the in-state background check law still holds until the Department of Justice processes the ruling and issues an official mandate.
It’s unclear what will happen to the online ammunition orders Californians tried to make before that notice.
Second Amendment advocates have been here before. They have challenged the constitutionality of the measure that restricted gun ownership, Proposition 63, ever since voters approved it in 2016 and have seen a mix of rulings for and against them.
This time, the case is unfolding after a landmark 2022 U.S. Supreme Court decision that struck down a New York City concealed carry law and generally limited how cities and states can restrict access to firearms.
Gov. Gavin Newsom criticized the 9th Circuit ruling that curbed the California background checks, but neither he nor Attorney General Rob Bonta have said whether the state would appeal it. Newsom was the primary advocate for Prop. 63, and he has defended the state’s restrictions on the sale of guns and ammunition as meaningful in reducing gun violence.
Under the measure, consumers pay a fee for the background check, which just last month rose from $1 to $5 per sale. But more costly than that, an additional 11% excise tax went into effect in 2024 for the Gun Violence Prevention and School Safety Fund — money allocated for prevention, education, research, response, and investigation programs. That tax won’t change under the new ruling.
“Being in a one-party state, they’re going to continue to push and regulate,” said Patrick Jones, a gun store owner in Redding. “And while this may be a victory, it’s hard to get really excited about it because it’s just one in a sea of court battles that are coming.”










