[UPDATE: Ninth Circus issued a stay today of the injunction by Judge Benitez. Not totally unexpected, but this particular circus is fast losing credibility. The State has ZERO chance of winning on the merits under the text/history test mandated by Bruen. Furthermore, there is no injury here as stays are meant to preserve status quo, not newfangled unconstitutional legislation recently enacted.]
Saint Benitez
State and federal officials may no longer enforce ammunition sales background check provisions found in California Penal Code §§ 30352 and 30370(a) through (e), and the ammunition anti-importation provisions found in §§ 30312(a) and (b) and 30314(a), as well as California Penal Code §§ 30312(d), 30314(c), and 30365(a).
Judge “St. Benitez” saves the day again for gun owners:
The ammunition background checks laws have no historical pedigree and operate in such a way that they violate the Second Amendment right of citizens to keep and bear arms. The anti-importation components violate the dormant Commerce Clause and to the extent applicable to individuals travelling into California are preempted by 18 U.S.C. §926A. Perhaps the simpler, 4-year and $50 ammunition purchase permit approved by the voters in Proposition 63, would have fared better.
I left a lot of good ammo in Nevada, before returning from many Front Sight trainings. [Do I get reparations, for this and other 2A violations?] This is a problem no more, unless the meddlesome Ninth Circus stays the injunction. (Benitez already declined State’s request for stay of his ruling.)
