If you’re confused about whether California still requires a background check for buying ammunition, you’re not alone — and you’re not wrong to be concerned. A recent ruling by the Ninth Circuit Court of Appeals has upended California’s ammunition laws and created widespread uncertainty for gun owners across the state. If you’re unsure about your gun rights in California or next steps, call Sevens Legal Criminal Lawyers at (619) 430-2355 for a free legal consultation.
Key Takeaways
• The Ninth Circuit ruled California’s ammunition background check law unconstitutional under the Second Amendment.
• The ruling stems from Rhode v. Bonta, a lawsuit brought by Olympic shooter Kim Rhode and the California Rifle & Pistol Association.
• The court found that requiring background checks for every ammo purchase placed an undue burden on lawful gun owners.
• California has filed a petition for en banc review, asking the full Ninth Circuit to rehear the case.
• No mandate has been issued yet — meaning the court’s ruling is not currently in effect.
• Background checks for ammo are still required until the court finalizes its decision.
• Sevens Legal is closely monitoring the legal process and is here to help protect your rights.
Since the court’s ruling in Rhode v. Bonta isn’t fully enforceable yet, many California residents are asking: “Can I skip the background check when buying ammo now?” Let’s break it all down.
What Changed in California’s Ammunition Background Check Law?
Under California’s 2016 Proposition 63, anyone purchasing ammunition is required to undergo a background check conducted by the California Department of Justice (DOJ). This includes purchases made at retail stores, online (with in-state transfer), or even from out-of-state sources. The law mandates verification through the state’s Automated Firearms System (AFS), and any mismatch or incomplete record can lead to a denial — even for lawful gun owners.
Even buying a single box of ammo requires DOJ approval under this law, which many found burdensome and unreliable. Olympic shooter Kim Rhode and the California Rifle & Pistol Association (CRPA) filed suit in Rhode v. Bonta, arguing that the law placed an unconstitutional burden on the right to keep and bear arms. They contended that the state had created a system that was not only invasive and inefficient but also lacked historical precedent and failed to respect the rights of responsible firearm owners.
What Did the Ninth Circuit Decide in Rhode v. Bonta?
On July 24, 2025, a three-judge panel of the Ninth Circuit ruled that California’s ammunition background check law violates the Second Amendment. The court emphasized that the law lacked historical precedent and failed to meet constitutional scrutiny under recent Supreme Court standards set by New York State Rifle & Pistol Association v. Bruen.
The panel sided with Rhode, stating that requiring background checks for every purchase of ammunition “severely burdens” gun owners. However, this is not the final word. The ruling will not go into effect until further judicial steps are completed.
Is the Ruling Final, or Can California Appeal the Decision?
California is actively appealing the decision in Rhode v. Bonta. Attorney General Rob Bonta has filed a petition for en banc review, asking the full Ninth Circuit to rehear the case. In addition, no “mandate” has been issued yet. A mandate is the official order from the court instructing that the decision be implemented. Until the Ninth Circuit denies the en banc petition or issues a mandate, the previous law remains in effect. The bottom line is, background checks for ammunition are still required in California as of now.
How Will The Ruling Affect Ammunition Purchases in California?
While the Ninth Circuit’s ruling in Rhode v. Bonta could ultimately eliminate the background check requirement for ammunition purchases in California, the legal process is still unfolding. Until a final mandate is issued and any appeals are resolved, the current law remains fully enforceable. Here’s what San Diego residents should know in the meantime:
• Ammunition vendors are still legally required to follow California DOJ procedures, including background checks and eligibility verification.
• Buyers must continue passing a background check before purchasing ammunition, regardless of where they buy or how much they purchase.
• Noncompliance can result in criminal charges, whether you’re a buyer or seller. Penalties may include fines, license issues, or prosecution for illegal transactions.
To avoid potential legal issues, consult with an experienced San Diego gun crime defense attorney if you have any questions about whether you’re eligible to purchase ammunition or how the rules apply to you.
Do Federal and State Ammo Laws Still Apply in Other Ways?
Even if California’s ammunition background check law is eventually struck down, other state and federal firearm restrictions remain fully enforceable and can lead to serious legal consequences if violated. Under federal law, the Gun Control Act prohibits possession of ammunition by individuals in restricted categories, including convicted felons, those with domestic violence convictions, subjects of certain restraining orders, unlawful drug users, and individuals deemed mentally unfit.
California also maintains its own restrictions beyond background checks. For instance, individuals with prior convictions may be barred from possessing ammunition. These prohibitions remain in effect regardless of the status of the background check requirement. Additionally, California regulates how ammunition is purchased or imported. Online sales often require transfer through a licensed vendor. Importing ammo from out of state is heavily restricted and can result in criminal penalties if done improperly.
Because these laws are complex and actively enforced, removing one restriction does not eliminate other risks. Gun owners should not assume a change in background check policy gives blanket permission to buy, possess, or transport ammunition. Always consult with a qualified criminal defense attorney before making any changes to your firearm purchase or possession habits.
What This San Diego Criminal Defense Attorney Says About California’s Ammo Law
In the video above, criminal defense attorney Ari Lieberman of Sevens Legal explains that while the Ninth Circuit ruled the ammunition purchase law unconstitutional in Rhode v. Bonta, Californians must be cautious and avoid jumping to conclusions. He notes:
• The case has not yet concluded and remains subject to further judicial review.
• Until the Ninth Circuit issues a formal mandate, background checks are still legally required.
• Acting prematurely—such as purchasing ammunition without a check—could result in citations, denial of purchase, or criminal charges for both buyers and vendors.
Ari Lieberman emphasizes that the legal process following a federal court decision can take weeks or even months, especially in cases where the state petitions for en banc review.
If you have questions about your gun rights in California, we urge you to consult a qualified criminal defense lawyer. A single misstep could have lasting legal consequences.
What Are the Potential Legal Risks if You Misunderstand the Ruling?
Misinterpreting or acting too early on the Ninth Circuit’s ruling could expose both buyers and sellers to serious legal consequences. Until the court issues its final mandate, California’s ammunition laws remain in full effect. Here are some of the most common legal pitfalls to be aware of:
• Unlawfully purchasing or transporting ammunition, especially without completing a background check.
• Retailers or vendors failing to comply with DOJ requirements, potentially leading to administrative penalties or license issues.
• Importing ammunition from other states, which remains tightly regulated and may result in criminal charges.
• Violating other firearm or ammunition laws, which still apply regardless of changes to the background check requirement.
Free San Diego Firearms Law Consultation
Are you facing confusion or legal pressure regarding ammo purchases or gun ownership in California? Now is the time to act. Sevens Legal can help you understand where the law stands, how it applies to you, and what to expect as the legal battle continues. We offer free, confidential consultations — whether you’re facing charges or just want clarity regarding your rights.
How to Contact Our Criminal Defense Attorneys
Don’t wait to protect your rights. Sevens Legal Criminal Lawyers is here to help. Call us today at (619) 430-2355 to speak with an experienced San Diego criminal defense attorney and get the answers you need.
FAQs About Can I Buy Ammo Without a Background Check in California?
Do you need a background check to buy ammo in CA in 2025?
Yes, as of now, background checks are still required for all ammunition purchases in California. The Ninth Circuit’s ruling has not yet taken effect due to pending en banc review and the lack of a court-issued mandate. Buyers must continue following current DOJ regulations.
Can you still be required to do a background check every time you buy ammo in California?
Yes, California law continues to require a background check with each ammunition purchase until further notice. Vendors must comply with DOJ protocols, and failure to do so could result in penalties for both the seller and the buyer.
What is Rhode v. Bonta and how does it affect ammo purchases in California?
It is a federal case that found California’s ammo background check law unconstitutional, but the ruling is not yet in effect. The case challenges Prop 63’s ammo restrictions, but no mandate has been issued, meaning the law remains enforceable for now.
Does the Ninth Circuit ruling immediately allow ammo purchases without background checks?
No, the ruling does not change the law until the court issues its final mandate. California has requested a rehearing en banc, which puts the decision on hold. The background check requirement remains active.
Are there still penalties if ammo is bought out of state or online without a background check?
Yes, California still enforces strict rules for importing and transferring ammunition across state lines. Unlawful purchases or transport can result in misdemeanor or felony charges, even if background checks are overturned later.
Can I bring ammo into California from another state now?
No, not without following California’s strict importation rules for ammunition. Unless exemptions apply, bringing ammunition into the state without going through a licensed vendor may lead to serious legal consequences.
Disclaimer: The information provided in this blog is for informational purposes only and does not constitute legal advice. Every legal situation is unique, and the laws referenced may not apply to your specific circumstances. You should not act or rely on any information in this article without first consulting a qualified criminal defense attorney. To receive legal guidance tailored to your case, contact Sevens Legal for a confidential consultation.