News|Law

Brief History on Proposition 63

Back in 2016 Proposition 63 was put on California’s state ballot during the 2016 Presidential Election. The Proposition mandates that all ammunition sales must submit a eligibility background check when purchasing ammunition, bans high-capacity magazines, and levies fines for firearms owners who do not report lost or stolen firearms to the police. Proposition 63 also requires California’s Department of Justice (DOJ) and the use of the Federal NICS background check system.

On July 1st the second phase of Proposition 63 came into effect. Under the new law, ammunition dealers must check the buyers ID information against data in California’s automated system. The new eligibility check will cost consumers $1. For consumers who fail to be verified by the eligibility check, they will be required to do a basic eligibility check. A basic eligibility check costs $19 dollars and takes up to 10 days to process. Also, under the second phase of this new law ammunition dealers are not allowed to sell ammunition to anyone who doesn’t live in California. 

Lawsuit Against Ammunition Background Checks

A few California residents have submitted a lawsuit against the new California ammunition law. The California Rifle and Pistol Association (CRPA) with the support of the NRA challenges California’s ammunition background check law. 

Below is the official statement from NRA-ILA website regarding the lawsuit. This press release is from July 3rd. 

CRPA, with the support of NRA, challenged the ammunition background check law in court months ago with the filing of the Rhode v. Becerra case. The lead plaintiff in the case is Olympic gold medalist shooter Kim Rhode. The legal team already received a favorable ruling in the Rhode case – which is being heard by the same great judge who gave us “Freedom Week” with the ruling in the Duncan case, challenging California’s magazine restrictions. Prior to seeking an injunction in the Rhode case it was necessary to wait for the law to take effect. Now that it has, and the infringements and issues have been documented for use as evidence, the plan is to file an injunction next week. 

The problems encountered since the new ammunition background check system was put into effect on July 1 have far surpassed what was predicted. The overall process for a customer to purchase ammunition is taking far longer than anticipated. DOJ is imposing unnecessary and costly record keeping requirements and clearances on vendors accessing the DOJ’s records. Countless customers are being turned away because they do not have sufficient documentation even if they have a California driver’s license. Law abiding people cannot get ammunition they need and businesses are suffering from this extreme regulatory burden. 

Newsom’s Prop 63 law is a business-killing nightmare and a red-tape charade that is useless as a crime prevention measure. This is a ridiculously excessive burden on Second Amendment rights. This burden may well be by political design, as a way to cripple business, which in turn provides less access or alternatively artificially inflates costs because of the cost of compliance. It is part of elitists’ efforts to eliminate the “gun culture” – which they hate.

Click here to read more about it at NRA-ILA website. 

What do you think about Proposition 63? Do you believe the CRPA and NRA have a chance to get this law overturned? Let me know in the comments below. 


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