Stay Issued by 9th Circuit on Benitez “Ammunition Registration” Ruling

In a move that surprised no one, the 9th Circuit Court of Appeals issued a stay on Judge Roger Benitez’ recent ruling (Rhode v Bonta), which had declared California’s ammunition registration scheme unconstitutional. The freedom to purchase ammunition without the interference of the government has ended – for the time being.

On February 5, 2024, Judges Clifton and Thomas – with few words and zero reasoning – granted the stay on the Benitez permanent injunction. In a dissent, however, Judge Callahan said “I do not believe appellant (AG Rob Bonta who represented the state) has met his burden of showing a likelihood of success on the merits…”.

GOC Executive Director Sam Paredes said “Judge Roger Benitez delivered an inspired and exhaustive ruling on California’s ammunition registration law – yet with one, brief nothing sentence, Judges Clifton and Thomas dumped on the Constitutional rights of lawful citizens.”

The existing briefing schedule remains in effect which means the case will continue to make its way through the court system. GOC, along with CRPA, our strategic 2A partner will carry the legal battle forward.