Federal court strikes down California ammo background checks, sparking gun safety debate
Gun control efforts in California took a big hit on Thursday as the 9th Circuit Court struck down a state law requiring background checks to buy ammunition.
While some say this is a step back for gun safety, others believe this is part of common-sense gun laws.
The 2015 mass shooting at a San Bernardino County office killed 16 people, including both shooters who carried out the attack. The next year, California voters supported Proposition 63, which required background checks for those buying ammunition.
"To me, it's peculiar," said John Donohue, a Stanford Law Professor. "It really is a peculiar feature that these two federal judges are striking down the will of the people as well as the will of the California legislature."
Professor Donohue feels the law made sense since roughly 400,000 guns were stolen last year.
"Guns are stolen all the time because gun owners leave them in unlocked cars very often," he said. "So, if you can at least pose a restraint when the bad guy goes to get the ammunition, you're screening out people who the law says should not be having access to firearms."
Gun owner Bradley Stolfi from Cloverdale disagrees. He says he supports common-sense gun laws. He shared his thoughts with us when background checks on ammunition were first signed into law.
"I think every firearm should require a background check, and it should be thorough," Stolfi said.
Stolfi equates a background check for a firearm to getting a driver's license. He says once people pass that process, drivers are no longer required to get background checks every time they fuel up. He does, though, advocate for stricter training to become a gun owner since guns and ammunition have evolved since the 2nd Amendment was drafted more than 230 years ago.
"I don't see any need for any magazine to be able to hold more than 10," he said. "That's going to get me in a lot of trouble with guys I know, but that's what I think."
While the 9th Circuit Court's decision will most likely be appealed, Professor Donohue wonders about the broader impact the decision will have on gun ownership. He says this might give gun lobbyists ammunition to attack background checks for firearm purchases.
"Certainly, there has been an effort that has gotten support from the US Supreme Court to be very, very aggressive in implementing the Second Amendment in these types of challenges," said Professor Donohue. "Many things that I thought would not have been struck down have in fact been struck down."