Constitutional Law,
9th U.S. Circuit Court of Appeals
Feb. 7, 2024
Circuit panel stays judge’s order on background checks to buy bullets
The 2-1 decision reverses, pending appeal, a decision by Senior U.S. District Judge Roger T. Benitez that the law is unconstitutional.
A 9th U.S. Circuit Court of Appeals panel on Monday night stayed an order by a federal judge in San Diego that a law requiring background checks on ammunition purchases violates the Second Amendment and the dormant commerce clause.
The decision puts on hold, pending appeal, a decision by Senior U.S. District Judge Roger T. Benitez — an appointee of President George W. Bush — that the law is unconstitutional.
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