A Federal judge on Thursday, April 23, blocked a law requiring a background check for people buying ammunition, releasing a sharply worded rebuke “burdensome and confusing” regulations that violate the constitutional right to bear arms. This writes the AP News.
U.S. district judge Roger Benitez in San Diego ruled in favor of the California Association of the rifles and pistols, which had asked him to stop checking and related restrictions on the sale of ammunition.
“New California law on validation, when buying ammunition seriously violates the rights of citizens of the state of California,” wrote Benitez in the 120-page report, which contained a proposal by the group of preliminary injunction.
Voters approved a tightening of California’s firearms laws in 2016, and limitations entered into force in July 2019.
In four other States — Connecticut, Illinois, Massachusetts and new Jersey- you want the buyers passed a background check to obtain licenses for firearms or ammunition, which they must present when purchasing bullets, according to the Law of Giffords on the prevention of violence with weapons.
Hannah Shearer, Director of the center for litigation, called the ruling “a dangerous step in the wrong direction” at a time when gun shops an increase in sales to those who are concerned about the impact of coronavirus on society or their safety.
“The red tape of the law and mistakes in the databases of the state has not allowed hundreds of thousands of law-abiding Californians to purchase ammunition for sport or self-defense, said Chuck Michel, General counsel rifle Association. — The court ruled that the arguments proposed by the government to justify these constitutional violations was inadequate.”
But at the same time, “tonight, Californians can get some sleep, knowing that their constitutional rights were restored and strengthened by this decision,” he said.
Governor of California Gavin Newsom defended the law, and his representative Vicky waters said that the city administration is disappointed with the court’s decision.
“The California laws on security arms help to ensure the safety of our schools and communities,” she said.
The General Prosecutor’s office stated that only reviews the decision. It is unclear whether it will appeal or whether he will seek the introduction of the law in force when some California gun shops were closed due to the coronavirus.
The same judge’s decision in 2019, directed the prohibition by the state for the purchase of large capacity ammunition, has caused a week-long dissatisfaction. The weapon shops had to stop protore, while the state did not appeal the new rule. Gun owners also began to purchase ammunition before the new restrictions came into force.
Benitez called the law on the inspection of ammunition “onerous and confusing” and “constitutional defect.”
“Criminals, tyrants and terrorists do not pass the verification of the information, — he wrote. The experiment validates the data against common sense, at the same time excessive and serious violation of human rights stipulated in the Second amendment (right to bear arms) every responsible citizen who wants to legally buy ammunition.”
Although the law is designed to protect from criminals, he blocked the sale of legitimate, law-abiding customers, approximately 16% of cases. Moreover, he ruled that the state ban on import of munitions from outside California violate the Federal laws on interstate Commerce.
California attorney General Xavier Becerra told the court that verification of data has prevented more than 750 people illegally buying ammunition from July 2019 January 2020, not counting those who never even tried because I knew it wasn’t right.
The law requires buyers who are already in the database checking the information on firearms was paid $1 every time I buy ammo. In accordance with the filings in state court, on average for data validation took less than 5 minutes.
“Buyers of ammunition must undergo a compliance test, which the vast majority of cases, delaying the purchase for a few minutes,” — said in court documents.
Benitez ruled that the law illegally blocks of ammunition supply of ammunition from other States to the California market and is contrary to Federal law, an allow gun owners to carry their guns and ammo through California.
To claim the California Association of firearms and gun have joined the sellers of ammunition from other States and residents of California, including Kim Rhode. She won six Olympic medals in shooting.
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