By Mark Chesnut The Truth About Guns
Despite the 9th Circuit Court of Appeals recently ruling California’s law requiring background checks for ammunition purchases to be unconstitutional, gun owners in the Golden State are still having to live with the onerous provision.
On July 24, the court ruled in the case Rhode v. Bonta that the ammo background check law violated the Second Amendment’s protection of the right to keep and bear arms, and affirmed a district court’s order granting a permanent injunction against enforcement of the law.
In the ruling, the 9th Circuit determined that the background check requirement regulates conduct covered by the Second Amendment’s plain text, because it meaningfully constrains the right to keep operable arms. Additionally, the court concluded that the background check regime is inconsistent with America’s historical tradition of firearm regulation since no such law or analogous law was ever enacted before the twentieth century.
The ruling prompted several mail-order ammunition retailers to announce that they were once again shipping to California customers. But that plan was quickly scuttled by anti-gun state Attorney General Rob Bonta, who announced he plans to continue enforcing the law until the Ninth Circuit specifically tells him to stop.
“On July 24, 2025, a three-judge panel of the Ninth Circuit Court of Appeals—in Rhode v. Bonta—issued its opinion finding that California’s ammunition background check regime is unconstitutional and affirmed the district court’s grant of a permanent injunction,” the California DOJ statement read. “However, before that opinion and permanent injunction may take effect, there are a number of procedural steps that must take place, including that the Ninth Circuit must issue its mandate, which would render the decision final and transfer the jurisdiction back to the district court. Currently, none of those procedural steps have been taken. Accordingly, California’s background check requirements for ammunition purchases remain in effect and should continue to be followed by dealers/sellers until further notice.”
Of course, AG Bonta is likely just following instructions from California Gov. Gavin Newsom, one of the most anti-gun governors in the nation. After the 9th Circuit Court ruling, Newsom spoke disdainfully about the decision.
“Today’s decision is a slap in the face to the progress California has made in recent years to keep its communities safer from gun violence,” Newsom said. “Californians voted to require background checks on ammunition and their voices should matter.”
Of course, just because a law was voted on by “the people” doesn’t mean it is not constitutional. Perhaps both Newsom and Bonta will realize that sometime soon, and California gun owners can once again buy their ammunition in the same manner every other gun owner in the United States does.
So, what happens next? An update posted at calgunlawyers.com explained the current situation and upcoming timeline very well.
“Even though the court ruled in favor of the plaintiffs, the new rule letting you buy ammo without background checks isn’t in place yet,” the update stated. “Here’s why: the court’s decision needs an official ‘go-ahead’ called a mandate. Think of the mandate like a final stamp of approval from the appeals court to the lower court, saying, ‘Okay, make this happen.’ This step usually takes about 21 days after the ruling—around August 14, 2025—unless someone asks for a redo or a delay.”
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