Californians don't have to pass a background check every time they buy bullets, federal judge rules

A federal judge has ruled California residents don't have to pay for and pass a background check every time they buy bullets

SACRAMENTO, Calif. -- California residents don't have to pay for and pass a background check every time they buy bullets, a federal judge has ruled.

The Tuesday ruling by U.S. District Judge Roger Benitez took effect immediately. California Attorney General Rob Bonta asked Benitez on Wednesday to delay the ruling to give him time to appeal the decision. It's unclear if Benitez will grant that request.

Many states, including California, make people pass a background check before they can buy a gun. California goes a step further by making people pass a background check, which cost either $1 or $19 depending on eligibility, every time they buy bullets. A few other states also require background checks for buying ammunition, but most let people buy a license that is good for a few years.

Benitez said California's law violates the Second Amendment to the U.S. Constitution because if people can't buy bullets for their guns, they can't use their guns for self-defense. He criticized the state's automated background check system, which he said rejected about 11% of applicants, or 58,087 requests, in the first half of 2023.

“How many of the 58,087 needed ammunition to defend themselves against an impending criminal threat and how many were simply preparing for a sporting event, we will never know,” Benitez wrote. “What is known is that in almost all cases, the 322 individuals that are rejected each day are being denied permission to freely exercise their Second Amendment right — a right which our Founders instructed shall not be infringed.”