Facts

In 2016, California enacted Proposition 63 also known as the Safety for All Act, which placed restrictions on the purchase, sale, transfer and importation of ammunition. Specifically, the ammunition statutes mandated background checks conducted by the California Department of Justice before a purchaser can possess ammunition. Another provision under Proposition 63 allows in-state vendors to accept or reject any out-of-state ammunition vendor from accessing the California market at all and allows the in-state vendor to charge a fee. Kim Rhode, Gary Brennan, Cory Henry, Edward Johnson, Scott Lindemuth, Richard Ricks Denise Welvang, Able's Sporting, Inc., AMDEP Holdings and California Rifle & Pistol Association, Inc. filed a complaint and sought injunctive relief, challenging the ammunition statutes under Proposition 63.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the challenged provision under Proposition 63 violated the Dormant Commerce Clause of the United States Constitution. Plaintiffs further contended that the excessive restrictions under Proposition 63 violated the right to keep and bear arms guaranteed by the Second Amendment. In addition, plaintiffs contended the challenged provisions under Proposition 63 were preempted by 18 U.S.C Section 926(A) which expressly permits a person to carry a firearm as long as the person properly stores the firearm.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions. Defendant contended that plaintiffs failed to state facts sufficient to constitute a valid cause of action. Defendant also contended that plaintiffs did not have standing to bring this cause of action.

Result

The court preliminarily enjoined the State of California from enforcing the ammunition sales background check provisions found in California Penal Code Section 30370(a)-(d) and 30352 and the ammunition anti-importation provisions found in Sections 30312(a) and (b), 30314(a).

Other Information

The State has appealed.