California court repeals mandatory biography check for arms buyers - ForumDaily
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California court repeals mandatory biography check for arms buyers

A federal judge on Thursday, April 23, blocked a law requiring biographical data verification for people buying ammunition by issuing a sharply worded rebuke to "burdensome and confusing" norms that violate the constitutional right to bear arms. Writes about this AP News.

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US District Judge Roger Benitez in San Diego ruled in favor of the California Rifle Association, which asked him to stop checks and related restrictions on the sale of ammunition.

“California’s new background check law for ammunition purchases seriously violates the rights of California citizens,” Benitez wrote in a 120-page opinion that included the group’s motion for a preliminary injunction.

Voters approved the tightening of California firearms laws in 2016, and restrictions came into effect in July 2019.

Four other states—Connecticut, Illinois, Massachusetts and New Jersey—require buyers to undergo background checks to obtain firearm or ammunition licenses, which they must present when purchasing bullets under the Giffords Gun Violence Prevention Act.

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Hannah Shearer, director of the litigation center, called the court’s decision “a dangerous step in the wrong direction” at a time when gun stores are seeing sales increase for those concerned about the impact of coronavirus on society or its safety.

“Regulatory red tape and errors in state databases have prevented hundreds of thousands of law-abiding Californians from purchasing ammunition for sporting or self-defense,” said Chuck Michel, general counsel for the gun association. “The court held that the government's flimsy defenses to justify these constitutional violations were inadequate.”

But at the same time, “Californians can rest easy tonight knowing that their constitutional rights have been restored and strengthened by this decision,” he said.

California Governor Gavin Newsome defended the law, and spokeswoman Vicki Waters said the city administration was disappointed with the court’s decision.

“California's gun safety laws help keep our schools and communities safe,” Waters said.

The Prosecutor General's Office said it is still reviewing the decision. It remains to be seen whether she will appeal or whether he will push for the law to be enforced now that some California gun stores have closed because of the coronavirus.

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The same decision of the judge in 2019, which lifted the state’s ban on the purchase of large-capacity ammunition, caused a week of discontent. The gun shops had to stop the protests until the state appealed the new rule. Weapon owners began massively buying ammunition before the new restrictions took effect.

Benitez called the ammunition inspection law “burdensome and confusing,” “constitutionally defective.”

“Criminals, tyrants and terrorists do not undergo background checks,” he wrote. “The background check experiment defies common sense and at the same time excessively and seriously violates the Second Amendment human rights of every responsible citizen who wishes to legally purchase ammunition.”

Although the law is designed to protect against criminals, it blocked sales to legitimate, law-abiding buyers in about 16% of cases. Moreover, he ruled that a state ban on the import of ammunition from outside California violates federal interstate trade laws.

California Attorney General Xavier Becerra said in court that data verification prevented more than 750 people from illegally buying ammunition from July 2019 to January 2020, not counting those who did not even try, because they knew they had no right.

The law requires buyers who are already in the firearms verification database to pay $ 1 each time they purchase ammunition. According to state court filings, on average it took less than 5 minutes to verify the data.

“Ammunition purchasers are required to undergo a compliance check, which in the vast majority of cases delays the purchase by several minutes,” court documents state.

Benitez ruled that the ordinance on ammunition unlawfully blocks their supply from other states to the California market and is contrary to federal law allowing gun owners to transport it and ammunition through California.

The California Rifle Association’s lawsuit was joined by ammunition sellers from other states and California residents, including Kim Rod. She won six Olympic medals in shooting.

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