ALERT: CGF Files Brief to Overturn
Background Checks for Ammo in CA
SAN FRANCISCO (August 10, 2020) — Today, Firearms Policy
Coalition (FPC), California Gun Rights Foundation (CGF), and Firearms
Policy Foundation (FPF) announced the filing of an important amicus
brief in the Ninth Circuit Court of Appeals
case, Rhode v. Becerra. The brief
was joined by the Madison Society Foundation, and Second Amendment
Foundation. It is available online at FPCLegal.org.
In 2016, California enacted a series of regulations on
ammunition sales. Ammunition sales must now be conducted by a licensed
ammunition vendor, occur face-to-face at the vendor’s California
location, and be approved by the California Department of Justice. DOJ
approval requires a background check on the purchaser,
for every ammunition purchase.
Making matters worse, the background check system denies 16% of lawful
purchases due to deficiencies in the system. In the first few months
of its enactment, over 100,000 lawful acquisitions were refused, and
countless others were deterred by the system’s complexity.
Overturn California's Ammo Restrictions
Now
While the background check system has prevented a great
number of lawful purchasers from acquiring ammunition, it has
prevented prohibited purchasers from acquiring ammunition in only 0.1%
of checks. The system, therefore, has imposed a tremendous burden on
every Californian while providing virtually no benefit.
“If background checks are effective, why are California’s
firearm background checks not enough to prevent prohibited persons
from committing firearm violence?” asked FPC Director of Research and
brief author, Joseph Greenlee. “If firearm background checks are
ineffective, why would ammunition background checks fare
better?”
Overturn California's Ammo Restrictions
Now
Background
-
In 2016, California voters enacted a series of regulations on
the sale and purchase of ammunition. This complex scheme requires that
(1) ammunition sales be conducted by or processed through a licensed
ammunition vendor (to become a licensed ammunition vendor, one must
have a physical presence in California and obtain a license from the
California Department of Justice); (2) ammunition sales occur
face-to-face at the vendor’s physical location in California; (3) the
DOJ approve each sale before the purchaser can take possession of the
ammunition; and (4) it prohibits California residents from bringing
ammunition into the state that is acquired outside the
state.
-
To acquire DOJ approval for an ammunition
purchase—which is required
for every ammunition
purchase—the purchaser must pass a
background check. The purchaser begins by providing proof that she is
lawfully present in the United States. This often requires a valid
passport or birth certificate. (A standard driver’s license will not
suffice, because California does not require proof of lawful presence
to obtain a driver’s license.)
- After proving citizenship, four different background check
options are available, depending on the purchaser’s particular
circumstances: a Standard Check, Basic Check, Firearms Eligibility
Check, or COE Verification Process. The background check options vary
in cost and efficiency, but each has been riddled with
problems.
- So far, over 16% of lawful purchasers have been refused
ammunition due to administrative errors or defects in the system. By
comparison, only 0.1 percent of would-be purchasers are the prohibited
persons the checks were designed to prohibit. Put differently, the
background check system prevents 133.5 times more legitimate purchases
than illegitimate ones.
-
The United States District Court for the Southern District of
California enjoined the ammunition scheme. The court recognized that
the background check system was incredibly burdensome for lawful
purchasers yet ineffective in preventing gun violence, and that
out-of-state ammunition dealers were unfairly discriminated
against.
- The State appealed the district court’s injunction to the
Ninth Circuit Court of Appeals, where FPC filed its amicus brief in
support of the plaintiffs and the injunction.