California’s ammo background check law was overturned by a three-judge Ninth Circuit panel on July 24, 2025, but the requirement is still in force. Attorney General Rob Bonta filed a petition for rehearing on August 7, 2025, and under standard federal appellate rules the panel’s decision does not take effect while that petition is pending. If you are buying ammunition in California today, you still have to pass a Department of Justice eligibility check at a licensed vendor.
Why the Check Is Still Being Enforced
The August 7 rehearing petition asks the full Ninth Circuit to reconsider the panel’s decision through its en banc process, which would put the case before an eleven-judge panel. Until the court acts on that petition, the earlier stay that kept the law in place during the initial appeal continues to operate. The panel’s mandate is on hold.
The practical result is that licensed ammunition vendors are still required to run eligibility checks, and buyers still have to pass them. Some online retailers briefly tried to resume direct sales to California customers after the July ruling, but those orders were reportedly canceled once it became clear the law remained enforceable.
What You Still Have to Do to Buy Ammunition
Every ammunition sale or transfer has to go through a licensed California vendor, and the buyer has to clear a DOJ eligibility check before the vendor can hand over the ammunition. The DOJ runs your information against databases covering criminal history, mental health prohibitions, restraining orders, and outstanding warrants.
At the counter, the vendor submits your name, date of birth, address, and identification number to the DOJ’s electronic system. You need a valid California driver’s license or state-issued ID showing your current address. The vendor cannot complete the sale until the DOJ electronically approves it.
The check runs one of two ways:
- Standard Eligibility Check. If your current information matches a record already in the state’s Automated Firearms System from a prior firearm purchase or registration, the DOJ can verify eligibility almost instantly. This is the faster and cheaper path.
- Basic Eligibility Check. If you have no matching record, or your address has changed since your last firearm purchase, the DOJ runs a more thorough manual review. It costs more and can take several business days.
The law also bars residents from bringing ammunition purchased out of state into California unless it first goes through a licensed vendor for the same screening. That is why direct online ammunition shipments to California addresses stopped: an out-of-state order has to be sent to a licensed dealer for in-person pickup after the check clears.
What the Ninth Circuit Actually Ruled
The case is Rhode v. Bonta. A federal district court issued a permanent injunction against the background check provisions, and California appealed to the Ninth Circuit and obtained a stay that kept the law running during the appeal. On July 24, 2025, the panel affirmed the district court and held the ammunition background check regime unconstitutional.
The panel applied the framework from the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen. That framework asks whether a regulation burdens conduct protected by the Second Amendment’s plain text, and if so, whether there is a historical tradition of similar regulations. The panel found that because the right to keep and bear arms includes keeping those arms functional, restrictions on acquiring ammunition implicate the Second Amendment, and that the fees and processing delays in the California system meaningfully constrained residents’ ability to obtain ammunition. The court then reviewed the historical analogues California offered, including loyalty oaths, concealed carry permits, surety laws, and gunpowder storage rules, and concluded that none resembled a system requiring government pre-approval for every ammunition transaction.
What Could Change the Answer
A few things could shift enforcement. If the full Ninth Circuit grants rehearing, the panel opinion is vacated and the case is briefed and argued again before eleven judges. If the court denies rehearing, the panel’s decision takes effect unless California seeks a stay from the Supreme Court and files a petition for certiorari. Because this is the first federal appellate decision to strike down an ammunition background check law, Supreme Court review is a realistic possibility either way.
Until a final, unappealable decision is issued and no stay is in place, plan on the current system continuing to run. If enforcement is ever suspended, the California DOJ will update its guidance and licensed vendors will change their procedures.
Who Cannot Possess Ammunition No Matter How the Case Ends
Some prohibitions on ammunition possession exist independently of the background check mechanism and would survive regardless of how Rhode v. Bonta is resolved.
Under federal law, anyone prohibited from possessing firearms is equally prohibited from possessing ammunition. That includes people convicted of a crime punishable by more than a year in prison, anyone subject to a domestic violence restraining order, people convicted of misdemeanor domestic violence, individuals who have been involuntarily committed to a mental institution, and unlawful users of controlled substances, among others.
California law layers additional prohibitions on top. Under Penal Code section 30305, anyone barred from owning firearms under the state’s prohibited persons statutes is also barred from possessing ammunition or reloaded ammunition. This includes people subject to certain gang injunctions.
Federal Age Minimums Still Apply
Federal law sets a floor for buying ammunition from a licensed dealer. A licensed dealer cannot sell rifle or shotgun ammunition to anyone under 18, and cannot sell handgun ammunition to anyone under 21. These minimums apply nationwide and are unaffected by the Rhode v. Bonta litigation.