Federal Judge Benitez rules to grant an injunction stopping the enforcement of California’s ammo background check law as part of the California Rifle and Pistol Association’s lawsuit.

Rhode v. Becerra

Order Granting Plaintiffs’ Motion for Preliminary Injunction

“……The Court does not lightly enjoin a state statute, even on a preliminary basis. However, just as the Court is mindful that a majority of California voters approved Proposition 63 and that government has a legitimate interest in protecting the public from gun violence, it is equally mindful that the Constitution remains a shield from the tyranny of the majority.

As Senator Kennedy said, “[t]he judiciary is – and is often the only – protector of individual rights that are at the heart of our democracy.” Law-abiding citizens are imbued with the unalienable right to keep and bear firearms along with the ammunition to make their firearms work. That a majority today may wish it were otherwise, does not change the Constitutional right. It never has.

California has tried its unprecedented experiment. The casualties suffered by law abiding citizens have been counted. Presently, California and many other states sit in isolation under pandemic-inspired stay-at-home orders. Schools, parks, beaches, and countless non-essential businesses are closed. Courts are limping by while police make arrests for only the more serious crimes.

Maintaining Second Amendment rights are especially important in times like these. Keeping vigilant is necessary in both bad times and good, for if we let these rights lapse in the good times, they might never be recovered in time to resist the next appearance of criminals, terrorists, or tyrants. Accordingly, the Court enjoins the State of California from enforcing the ammunition sales background check provisions found in California Penal Code §§ 30370(a) through (d) and 30352, and the ammunition anti-importation provisions
found in §§ 30312(a) and (b), 30314(a). Criminal enforcement of California Penal Code §§ 30365, 30312(d) and 30314(c) is preliminarily enjoined by the Attorney General and all other law enforcement defendants during the pendency of this action…………

IT IS SO ORDERED.
DATED: April 23, 2020
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Roger T. Benitez
United States District Judge