Rhode v. Bonta – the case that just delivered a major Second Amendment victory in the Ninth Circuit—has hit a temporary roadblock.
On July 24, 2025, a three-judge Ninth Circuit panel struck down California’s 2016 ammunition background check law and its ban on direct-to-home ammo shipments, calling them unconstitutional. The panel said the restrictions “meaningfully constrain” the right to keep and bear arms, violating the Second Amendment under the Bruen test.
The case was brought by Olympic shooting champion Kim Rhode, the California Rifle & Pistol Association (CRPA), Ammunition Depot, and other plaintiffs. Judge Sandra Ikuta, writing for the majority, stated:
“California’s ammunition background check regime is unconstitutional… [It] infringes on the fundamental right to keep and bear arms.”
Chuck Michel, CRPA’s president and general counsel, said the decision confirms what gun owners have argued for years: “A firearm cannot be effective without the ammunition to make it operable.”
State Fights Back With En Banc Petition
The victory was short-lived. California’s Attorney General has now asked for an en banc rehearing—meaning a larger 11-judge Ninth Circuit panel would reconsider the case.
Because of that petition, the panel’s ruling is on hold. The court’s mandate hasn’t been issued, so California’s current ammo rules remain in effect until the rehearing request is decided. If review is granted, the case will be re-argued later this year or in early 2026.
The still-enforced law—passed as Proposition 63 in 2016—requires all ammunition to be purchased through licensed in-state dealers, with a background check for every single purchase, and bans direct mail-order ammo sales to residents’ homes.
Ammunition Depot’s Update to California Customers
In a press release, Ammunition Depot explained to customers:
Under the still-operative law (Proposition 63, passed in 2016), California residents must buy ammunition through in-state licensed dealers and undergo a background check for each purchase, which effectively bans direct online ammo sales to homes. Ammunition Depot is urging its California customers to remain patient and continue following all current state laws regarding ammunition transactions while the legal process unfolds. Under the California DOJ’s interpretation, the state’s ammunition restrictions remain in effect while the case proceeds. The company will immediately begin direct shipments to California customers if and when the court’s mandate is allowed to take effect, but that cannot happen unless Ammunition Depot prevails in the next phase of the case.
“We know this is frustrating for California gun owners who were hopeful the recent court decision would restore their ammo buying freedom right away,” said Seth Weinstein, Founder & Managing Partner of Ammunition Depot. “Unfortunately, the ruling is on hold because the State of California is fighting tooth and nail to keep these restrictions in place. We respect the legal process, but believe Californians’ rights should not be delayed any longer. Our customers in California have waited years for relief, and we’re not about to give up now. We’ll continue this fight to its finish.”
If Ammunition Depot ultimately prevails, it says it will “immediately begin direct shipments” to California.
Live Inventory Price Checker
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US Cartridge 9mm 124 Gr +P Nosler JHP (200 Round) | Ammunition Depot | $ 79.99 $ 66.99 |
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US Cartridge 300 Blackout 220 Gr Subsonic FMJ (200 Rounds) | Ammunition Depot | $ 176.99 $ 144.99 |
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US Cartridge 9mm 115 Gr +P Nosler JHP (200 Rounds) | Ammunition Depot | $ 99.99 $ 60.89 |
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US Cartridge 380 ACP 100 Gr FMJ (200 Rounds) | Ammunition Depot | $ 69.99 $ 58.99 |
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Why It Matters
This case is one of the first major ammunition law tests under the Bruen standard, and the Ninth Circuit panel’s ruling—if upheld—could influence similar laws in other states. For now, though, California gun owners remain under some of the strictest ammunition rules in the country, and the fight is moving into its next round.
Ammunition Depot, CRPA, and fellow plaintiffs say they are ready to take it all the way to the Supreme Court if necessary. As Weinstein put it: “We’ve come this far, and the momentum is on our side…
That day will be a cause for celebration, not just for our company, but for everyone who values the Second Amendment.”
9th Circuit Strikes Down California Ammo Background Check Law as Unconstitutional
The Ninth MUST decline to rehear.
The celebrated and critical battles at Lexington and Concord,19 April 1775, were set off when the Head Honcho of the day, General Thomas W Gage, launched raids to seize powder and shot, the ammunition of that time, owned and under the control of the colonists. That day launched the revolution that ended British rul in the Colonies and the formation of the United Sates of America. Was Bruen decided, or was it not?
This was expected the second they made that ruling.
It was dereliction for the gun press to not even mention the facts properly.
This was an obvious no-brainer as the California AG has unlimited access to taxpayer money, even though he knows he will eventually lose, especially if it goes all the way to the SCOTUS. This is part of the gun control mob’s MO to introduce and knowingly pass in predominantly blue states unconstitutional gun laws as they have a right to under the 10th Amendment. They know their shaky laws will hold for 5 to 10 years of legal inspection before being struck down. They hope during that time the SCOTUS will be changed enough to suit their agenda. Unfortunately so… Read more »
The state of California should be held accountable for this garbage.
In other news today ammunition sales spiked in Arizona and Nevada. Film at 11…………..
Californians haul case lots of ammo back to the People’s Republic from Arizona and Nevada every day. Folks organize group buys with friends who travel out of state and clean out our gun stores. Once again. the basic premises underlying progressive public policy are debunked. Control human behavior and not material means. That is the answer. But that is beyond the intellectual grasp of most CNN and MSDNC watchers.
Told you so. But if anyone thinks the en banc hearing will be heard this year or “early 2026”, I’ve got a bridge in San Francisco to sell you. The case will be buried, like the standard capacity magazine case. They can’t win, so just send the case into a black hole and delay, delay, delay.
hope they dont take it up and let ruling stand , getting closer to right
We have too many judges and lawyers.