Ninth Circuit Victory on Hold as California Seeks En Banc Rehearing

In a major Second Amendment ruling, a three-judge panel of the Ninth Circuit Court of Appeals has struck down California’s 2016 laws requiring background checks for ammunition purchases and prohibiting direct mail-order sales, declaring those laws unconstitutional. The decision, issued in Rhode v. Bonta, marks a significant victory for Ammunition Depot, the California Rifle & Pistol Association (CRPA), and fellow plaintiffs challenging those laws. However, California officials have now moved to challenge that ruling by seeking a rehearing en banc (full court review) at the Ninth Circuit, which means the panel’s decision will not take effect immediately. As a result, California’s current ammunition regulations, including in-store background checks and restrictions on direct shipments of ammo, remain in force pending further court proceedings.

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.”

The California Attorney General has formally requested that a larger panel of Ninth Circuit judges reexamine the case. This next phase of the case could take several months, depending on whether en banc review is granted and how quickly the court acts. First, the active judges of the Ninth Circuit will decide whether to grant en banc review. If granted, an 11-judge panel will be convened to rehear the case, likely later this year or in early 2026. Because California has now filed for en banc review, the panel’s ruling will not take effect unless that petition is denied or resolved. The mandate remains pending, and the 2016 California ammunition laws continue to be enforced during this stage of the appeal.

“We anticipated that California would not back down easily, and we are fully prepared to see this through,” Weinstein continued. “The Ninth Circuit’s decision was a huge win for the Constitution and millions of law-abiding Californians, and we remain confident that win will ultimately prevail, whether at an en banc hearing or at the Supreme Court. California’s leaders have made it clear they won’t back down, and neither will we. We owe it to our customers and all Californians to keep fighting until their rights are restored.”

In the meantime, Ammunition Depot will continue to keep California customers informed. The company previously celebrated the Ninth Circuit panel’s ruling as a historic affirmation of Second Amendment rights, and it remains a lead plaintiff in defending that ruling through the next stages of litigation.

Seth Weinstein emphasized that California customers must still abide by current law until the case is fully resolved. “California law remains unchanged for now…. We urge all California customers to continue purchasing ammunition through licensed in-state channels. We know it’s frustrating, but we don’t want anyone caught in a legal gray area. If you attempt to order from us today, we regret that we are still unable to ship to you under the current law. But hang tight; we are hopeful that day is coming. We have fought for years to make online ammo sales to California legal again, and we are not stopping now.”

Ammunition Depot will provide additional updates as soon as the Ninth Circuit or Supreme Court provides clarity on the next steps. The company remains optimistic that the result will be a permanent victory for California gun owners.

“We’ve come this far, and the momentum is on our side,” said Weinstein. “We’re confident that, in time, the Constitution will prevail. We appreciate the support and patience of our customers and promise to notify them the moment we are legally allowed to resume shipments to California. That day will be a cause for celebration, not just for our company, but for everyone who values the Second Amendment.”