By Joseph P. Tartaro | Executive Editor
On April 26, attorneys for Olympian Kim Rhode, the National Rifles Association and California Rifle and Pistol Association filed a federal lawsuit challenging California’s restrictions regarding the sale or transfer of ammunition.
These restrictions, enacted in 2016 as part of the so-called “Gunmageddon” bills and Proposition 63, require all ammunition sales and transfers to be conducted via face-to-face transactions at California licensed firearm dealers or licensed ammunition vendors. And beginning July 1, 2019, all ammunition purchasers will be required to pass a background check before taking delivery of any ammunition.
Leading the lawsuit is Rhode, a six-time Olympic medal winner who uses specialized ammunition approved by the International Shooting Sport Federation during the competitions she participates in. Joining her are several other law-abiding California gun owners and the following out of state businesses which can no longer ship ammunition directly to their California customers:
Able’s Sporting, Inc. (also known as “Able Ammo”) in Huntsville, TX; Ammunition Depot of Boca Raton, FL, and Sam’s Shooters Emporium in Lake Havasu City, AZ (just outside of California).
The lawsuit, titled Rhode v. Becerra, challenges the state’s new ammunition sales restrictions as a violation of the Second Amendment, Commerce Clause, and Equal Protection Clause of the US Constitution. The lawsuit also challenges the restrictions as being preempted by the Firearm Owner’s Protection Act.
The filing of Rhode marks the fourth lawsuit filed by NRA and CRPA attorneys challenging the provisions of Proposition 63 and the other “Gunmageddon” bills. One such lawsuit, titled Duncan v. Becerra, has already succeeded in obtaining an important injunction against Proposition 63’s ban on the possession of magazines capable of holding more than ten rounds. The other two suits, titled Rupp v. Becerra and Villanueva v. Becerra, both of which challenge California’s “assault weapon” restrictions and registration requirements, are also seeking injunctions while those lawsuits are pending.
