December 5, 2025 – This week, the United States Court of Appeals for the Ninth Circuit granted rehearing en banc in Rhode v. Bonta, vacating the earlier three-judge panel decision striking down California’s restrictive ammunition-purchase law as violative of the Second Amendment. The lower court’s decision will now be reviewed by eleven active judges.
The law in question requires persons in California to purchase ammunition through licensed vendors in face-to-face transactions, undergo a criminal background check, pay fees, and be subject to potential waiting periods each time ammunition is purchased. In addition, the law bans California residents from purchasing ammunition in other states and bringing that ammunition back into the state. The panel (in a 2-1 decision) concluded that this law restricted access to “arms” and lacked any meaningful historical analogue, and therefore, violated the Second Amendment under the Bruen analysis. The panel contrasted California’s per-transaction system with traditional licensing regimes, which typically provide multi-year permits and do not require repeated checks for consumable goods essential to Second Amendment rights, such as ammunition. It further held that these requirements “meaningfully constrain the right to keep and bear arms” and are unconstitutional for the same reasons the Ninth Circuit recently struck down California’s “one-gun-a-month” law in Nguyen v. Bonta, 140 F.4th 1237 (9th Cir. 2025).
The Ninth Circuit’s decision to grant rehearing en banc—an action the Court takes sparingly—means that the decision by the three judge panel is no longer in effect. If the en banc decision follows the panel’s decision, then there would be a circuit split on this issue, since the Second Circuit has already found New York’s similar ammunition purchase requirements constitutional under Bruen. Such a circuit split increases the chances that the Supreme Court will eventually review the issue.
Renzulli Law Firm, LLP will continue to monitor new and developing firearm related laws and litigation around the country. If you have any questions concerning firearms-related legislation or regulation, please contact Christopher Renzulli.