The Wheels Of Injustice Grind Slowly – Unless It Is A Gun Issue In California
California has been plagued with bad gun laws. One of the most recent ones imposed on the law-abiding citizens of the Golden State came in the form of Proposition 63, which passed in 2016.
Proposition 63 not only banned high-capacity magazines, it also required a background check on the purchase of ammunition.
Last Friday, this blog posted an article describing the decision of San Diego based Federal Judge Roger Benitez, who issued an injunction blocking California’s new ammunition background check law.
“Judge Benitez’s decision wasn’t just surprising, it was deeply detailed, and addressed fundamental problems with very essence of the law that mandates only face-to-face ammunition purchases and a background check,” said an article in Outdoor Wire.
Among those issues Judge Benitez detailed:
-criminals don’t do background checks, so it does nothing to deter criminals from obtaining ammunition,
-the system was designed to keep California residents- the law-abiding ones- from buying ammunition,
-the law works contrary to its unconstitutional, but stated purpose: to discourage ammunition stockpiling,
-the law is “onerous and convoluted”.
Californians didn’t have long to wait before the wheels of injustice began to grind.
California Attorney General Xavier Beccera (former Representative of the 34th Congressional District) submitted an initial motion to stay the injunction.
Judge Benitez denied that motion, writing, “The Attorney General has conceded that the right to purchase and acquire ammunition is a right protected by the Second Amendment. That is an understanding consistent with Ninth Circuit decisions. Furthermore, as discussed in its preliminary injunction order, this Court found Plaintiffs showed a likelihood of success on the merits.”
Undeterred, Attorney General Beccera appealed the decision to the Ninth Circuit Court, which issued an emergency administrative stay late Friday evening, halting Judge Benitez’s preliminary injunction.
The recent action ensures the continuation of the onerous ammunition purchasing requirements.
Stay tuned – the fight isn’t over yet. SCI will continue to report on this issue as further actions are taken.
