In completely predictable fashion, the Ninth Circuit Court of Appeals overturned a ruling from Judge Roger Benitez on Monday, meaning the state of California and its law enforcement agencies can enforce the state's restrictions regarding ammunition purchases. The state was appealing Judge Roger Benitez’s January 31st ruling that declared the measure unconstitutional and put in force a stay that prohibited enforcement of the law.

LEGAL ALERT: The Ninth Circuit has granted California's motion to stay the injunction against its ammo background check law, which means the law will remain in effect while the state appeals. Judge Callahan dissents: pic.twitter.com/Xh8ff6gwG6

— Firearms Policy Coalition (@gunpolicy) February 6, 2024

The ruling refers to a law in California that was passed as a ballot initiative in 2016, called Proposition 63. Prop 63 made it illegal for anyone in California to order ammunition online and have it shipped to a private residence. It also required anyone who wanted to purchase ammunition to do so in person and submit to a background check before purchase, and it also banned any magazine that holds over ten rounds. 

Without delay, firearm rights advocacy groups like the Firearms Policy Coalition filed suit against the state, specifically two suits that challenged the constitutionality of restricting ammunition sales, in addition to the law's banning of magazines that hold over ten rounds. The two federal lawsuits against the law, Rhode v Bonta and Duncan v Bonta (previously Rhode v. Becerra and Duncan v. Becerra) were both subjected to the same treatment in 2019 when they were first brought forward. In 2020, both were ruled unconstitutional by Judge Benitez, then both were subsequently overturned by the Ninth Circuit Court in an En Banc hearing. 

However, in light of the most recent Supreme Court ruling with Bruen, both cases were ordered to be re-heard and to have the principles and findings in the Bruen case applied to Rhode and Duncan v. Bonta.  In Rhode v. Bonta, the case dealt with the ammunition restrictions component of Prop 63 and was brought forward by Kim Rhode, a six-time Olympic medalist in trap and skeet. In Judge Roger Benitez's ruling in this most recent hearing of the case, he again deemed it unconstitutional on Wednesday, January 31st. Additionally, in his ruling, he put in force an injunction against the state and Attorney General Rob Bonta, which prohibited them from enforcing that aspect of the law, which allowed the purchase of ammo in California without a background check, as well as allowing online ammo sales to be shipped to private residences until Bonta successfully requested a stay from the Ninth Circuit. 

LEGAL ALERT: A federal judge has struck down California's ammunition background check requirement, saying it violates the Second Amendment: https://t.co/zyyLguslzO pic.twitter.com/BxTKsQDFQa

— Firearms Policy Coalition (@gunpolicy) January 31, 2024

However, while Governor Gavin Newsom and his Attorney General Rob Bonta are cheering this as a huge victory, their victory is only temporary. Newsom and his leftist political allies across the country called the Supreme Court a radical, extremist, or illegitimate court and even labeled Judge Benitez as an extremist judge, all because they disagreed with their rulings. 

California will fight this extremist, illogical, and incoherent ruling as we defend our life-saving measures that are proven to keep our communities safe. pic.twitter.com/mEa71sI6Wk

— Office of the Governor of California (@CAgovernor) January 31, 2024

They do not realize that the Ninth Circuit Court is an illegitimate and activist court itself. Since 2007, the Court has had an overwhelming number of its decisions overturned either on appeal or by a higher court. From 2007 to November of 2023, the Ninth Circuit ruled on 233 individual cases brought forward to them. Out of that number, 187 were reversed by the Supreme Court. In the 2022 Supreme Court session, 14 cases were heard that were appeals from decisions of the Ninth Circuit. Out of the 14 cases, only three of them were upheld. 

Statistically speaking, when a Circuit Court such as the Ninth has 80.25 percent of its cases overturned and or overruled on appeal, that is a good indicator of a court that is acting on ideology and personal opinion, rather than the constitutionality of an argument. By definition, that would be an activist court and an illegitimate one, given that the overwhelming majority of their decisions on cases are wrong. Both Rhode and Duncan v. Bonta are still active, however, with the Ninth Circuit set to take up the rest of Rhode v. Bonta.