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Legal Thunder: Judge Smacks Down Anti-2A Laws In Deep Blue State, Reshaping Gun Rights Debate

via 23 ABC News | KERO
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U.S. District Judge Roger Benitez in San Diego declared California’s law requiring background checks for ammunition purchases unconstitutional, citing it as an infringement upon Second Amendment rights.

The law, challenged by Senate Bill 1235, was criticized for its overreach and impracticality, with the judge highlighting the high failure rate of the background check system.

The ruling is seen as a significant victory for Second Amendment advocates, questioning the constitutionality of California’s gun control measures, particularly regarding ammunition purchases.

“The Constitution does not mention a right to own automobiles (or carriages or horses). Similarly, when a person chooses to buy a firearm, he is required to undergo a full background check,” Judge Benitez stated.

“However, until now, he was not required to also go through a background check every time he needs to refill his gun with ammunition. And the Bill of Rights commands that the right to keep and bear arms shall not be infringed.”

The decision also referenced previous court findings and divergent Second Amendment rulings since a 2022 U.S. Supreme Court decision.

“With the recently enacted ammunition background check laws, gun owners in California undergo background checks more than one million times each year simply to buy ammunition,” Benitez said.

“Californians are denied the Second Amendment right to buy ammunition for self-defense at least 11% of the time because of problems with the background check system,” he said.

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