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California Appeals Court Reinstates Ammunition Background Check Law

The state had one week of freedom.

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A California appeals court reinstated one of the state’s unique gun control laws on Saturday, which required background checks for the purchase of ammunition.

U.S. District Judge Roger Benitez had overturned the law last week, which required state background checks for the purchase of ammunition. The laws are the only of their kind in the United States, and often result in law-abiding patriots being denied the opportunity to purchase ammo because of an overloaded and faulty state background check system.

The restriction was removed from place following Benitez’s ruling, but the one-week taste of limited freedom California gun owners enjoyed wasn’t to last. The 9th Circuit Court of Appeals granted the state’s emergency motion to stay Benitez’s order, placing the convoluted ammunition laws back into effect.

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The NRA had funded the court case to overturn the restrictions, and released a statement on the Circuit Court’s decision to keep the ammunition control law in place. “This means that the same restrictions that have been previously in effect regarding ammunition in California are back for the time being, pending further order from the court.”

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When overturning the onerous restriction, Benitez had cited data that indicates the California background check system denies ammunition purchases to law abiding patriots up to 16% of the time. The state lacks the resources to concisely monitor and approve lawful ammunition purchases, but they don’t care if lawful gun owners are being denied the chance to exercise their rights.

Benitez had also overturned an element of the law that restricted the importation of ammunition from other states, citing California’s contravention of interstate commerce laws.

Big League Guns

Assault Weapons Ban Ballot Initiative Blocked From Florida Ballot by State Supreme Court

It won’t be on the ballot.

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A ballot initiative seeking to ban so-called assault weapons in Florida was blocked from being placed on the ballot by the Florida Supreme Court on Thursday, being thrown out for failing to concisely describe the provisions of its grandfather proposal.

The ballot initiative had been sponsored by a group called Ban Assault Weapons Now. It was slated to be voted upon in the 2022 Florida elections, and would’ve criminalized the ownership of commonly owned rifles such as the AR-15.

However, the ballot initiative was thrown out by the state supreme court on the basis of its deceptive language. The ban contains a ‘grandfather’ provision that enables some gun owners to keep their weapons. But it’s unlike other ‘grandfather’ provisions inserted into other gun control packages, applying directly to the gun owners themselves rather than the firearms. Thus, a grandfathered gun owner could not legally transfer his rifle to someone who didn’t already have one, should the ballot initiative have passed.

The 4-1 Supreme Court ruling striking down the ballot initiative argued that the language it used was misleading and deceptive.

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While the ballot summary purports to exempt registered assault weapons lawfully possessed prior to the Initiative’s effective date, the Initiative does not categorically exempt the assault weapon, only the current owner’s possession of that assault weapon. The ballot summary is therefore affirmatively misleading.

Gun control organizer Gail Schwarz went on to blame the NRA for the ruling, ignoring that the ballot initiative’s language regarding the grandfather clause was misleading and differed considerably from the clauses enacted by other anti-gun states.

It’s more than possible that Bloomberg-funded gun control groups could set up another assault weapons ban ballot initiative without the shady language that could be  reintroduced, if Ban Assault Weapons Now gets enough petition signatures to reinsert it on the ballot before the 2022 election deadline.

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