Illinois AG Kwame Raoul Files Brief In Support Of CA Ammo Law

ILLINOIS — Illinois Attorney General Kwame Raoul has joined 15 other states attorneys general in supporting California's law requiring gun dealers to conduct background checks prior to ammunition sales and mandating that all ammo sales be conducted in-person. According to a news release, Raoul led the group in filing an amicus brief to the U.S. Court of Appeals for the 9th Circuit, arguing that "states have a right to enact reasonable firearm restrictions that protect public safety and reduce the prevalence of gun violence."

California's ammunition purchasing law — passed by ballot initiate in 2016 — was blocked by a federal judge in April. In response to a lawsuit filed by Olympic shooter Kim Rhode, U.S. District Judge Roger T. Benitez said that while preventing criminals from acquiring ammunition was a worthy goal, the restrictions had "a severely disproportionate effect on law-abiding citizen-residents."

• Federal Judge Blocks California Ammo Purchase Law

"The experiment has been tried. The casualties have been counted," the judge wrote. "California's new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured."

Days later, that decision was stayed pending an appeal, meaning the law is currently still in effect.

Critics say the state's background check system is glitchy and contains inaccurate data. According to the Sacramento Bee, nearly 20 percent of legal gun owners were prevented from buying ammunition by the background check system, a fact cited by Benitez in his ruling.

But proponents say the law has also stopped hundreds of illegal ammunition purchases. According to the state of California, 750 people have been stopped from illegally purchasing ammunition since the law took effect.

"States have the right and responsibility to enact laws and policies that will help protect residents from gun violence," Raoul said in a statement. "I urge the court to allow these commonsense ammunition regulations to remain in place so that California can continue to keep its residents safe."

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Derived from the Latin phrase amicus curiae — literally, friend of the court — an amicus brief can be filed by anyone not party to a case but with a strong interest in its outcome. Whether to consider the opinion and how much weight to give it are up to the court.

In the brief, Raoul and the other attorneys general argue that background checks and face-to-face requirements for ammunition sales should be allowed to stand because states have a responsibility to prevent gun violence and are allowed to enact reasonable regulations under the Second Amendment.

"Background checks and face-to-face sale requirements would prevent prohibited individuals from purchasing ammunition without infringing on law-abiding individuals exercising their Second Amendment rights," the brief states. "The plaintiffs have failed to demonstrate that anyone has been improperly prohibited from, or unduly delayed in, purchasing ammunition as a result of these laws."

Along with Raoul, the brief was signed by the attorneys general of Connecticut, Delaware, the District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Virginia, and Washington.

Briefs in support of California's law have also been filed by Everytown, Giffords Law Center to Prevent Gun Violence and Brady, according to public court records.

Read the amicus brief and the original Rhode decision below.

Amicus brief filed by Kwame Raoul:

Rhode v. Becerra decision: