2016 California Proposition 63

Last updated
Proposition 63
Firearms and Ammunition Sales
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes8,663,15963.08%
Light brown x.svgNo5,070,77236.92%
Valid votes13,733,93194.00%
Invalid or blank votes876,5786.00%
Total votes14,610,509100.00%
Registered voters/turnout19,411,77175.27%

2016 California Proposition 63 results map by county.svg
Results by county
Source: California Secretary of State [1]

The 2016 Proposition 63, titled Firearms and Ammunition Sales, is a California ballot proposition that passed on the November 8, 2016 ballot. It requires a background check and California Department of Justice authorization to purchase ammunition, prohibits possession of high-capacity ammunition magazines over ten rounds, levies fines for failing to report when guns are stolen or lost, establishes procedures for enforcing laws prohibiting firearm possession by specified persons, and requires California Department of Justice's participation in the federal National Instant Criminal Background Check System. [2]

Contents

Supporters of the measure stated that it would "fix a major flaw" put in place by the passing of Proposition 47 in 2014 by stating that theft of a firearm is a felony, regardless of its monetary value. [3]

A September 2016 poll from USC Dornsife / Los Angeles Times showed 64% percent of registered voters in favor of Proposition 63, 28% opposed, and 8% unknown. [4] A November 2016 poll from Insights West showed 57% percent of likely voters in favor of Proposition 63, 35% opposed, and 8% undecided. [5]

Proposition 63 passed, 63% to 37%. [6]

Federal court cases

Duncan v. Bonta

In March 2019, in the case Duncan v. Becerra (currently Duncan v. Bonta), [7] the Federal District Court stayed enforcement of the new law as the state failed to show how this law didn't violate the Second Amendment or the property rights of owners of previously legal goods. On March 29, 2019, Judge Roger Benitez of the United States District Court for the Southern District of California ruled Proposition 63 unconstitutional, citing lawful defensive use of firearms across the state of California, specifically in the hands of women. [8] [9]

Benitez stated that various violent crimes were far more common than mass shootings, and people can use firearms to defend themselves from them providing the law allows it, giving several examples in the first few pages of the opinion. "As in the year 2017, in 2016 there were numerous robberies, rapes, and murders of individuals in California and no mass shootings. Nevertheless, a gubernatorial candidate was successful in sponsoring a statewide ballot measure (Proposition 63). Californians approved the proposition and added criminalization and dispossession elements to existing law prohibiting a citizen from acquiring and keeping a firearm magazine that is able to hold more than 10 rounds. The State now defends the prohibition on magazines, asserting that mass shootings are an urgent problem and that restricting the size of magazines a citizen may possess is part of the solution. [9]

In August 2020, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, in a 21 decision, upheld the district court's ruling. [10] [11] California Attorney General Xavier Becerra successfully petitioned for en banc rehearing [10] by a wider 11-judge panel of the court. [12] [13] Duncan v. Bonta was heard en banc by the Ninth Circuit Court on June 22, 2021. [14] The en banc Court overturned the lower appellate panel in its ruling, holding that California's regulation of firearms did not violate the 2nd Amendment. [15] On June 30, 2022, the US Supreme Court vacated the 9th circuit court of appeals en banc decision and remanded it for reconsideration in light of the New York State Rifle and Pistol Association v. Bruen ruling. On September 23, 2022, the en banc panel vacated its opinion and remanded it back to Benitez.

On Friday, September 22, 2023, Benitez declared the California's ban on magazines that hold more than 10 rounds of ammunition to be unconstitutional for the second time, saying it violated the Second Amendment rights of firearm owners. [16]

Rhode v. Bonta

The case Rhode v. Bonta, originally Rhode v. Becerra, is challenging Proposition 63's requirement for background checks to purchase ammunition as well as its prohibition against importation of ammunition into the state by residents, unless importation takes place through a licensed ammunition dealer. On April 22, 2020, Judge Roger Benitez of the United States District Court for the Southern District of California struck down the requirement and prohibition, stating "California's new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured." California's Attorney General Xavier Becerra filed for and was granted a stay of the injunction to appeal the decision to the United States Court of Appeals for the Ninth Circuit. [17] The case will be reheard by Judge Benitez in the Southern California Federal District Court on July 17, 2023. [18]

On January 30, 2024, Benitez struck down the requirement and prohibition for the second time. [19]

See also

Related Research Articles

Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.

<span class="mw-page-title-main">Second Amendment Foundation</span> United States nonprofit organization that supports gun rights

The Second Amendment Foundation (SAF) is a United States nonprofit organization that supports gun rights. Founded in 1974 by Alan Gottlieb and headquartered in Bellevue, Washington, SAF publishes gun rights magazines and public education materials, funds conferences, provides media contacts, and has assumed a central role in sponsoring lawsuits.

<span class="mw-page-title-main">Marsha Berzon</span> American judge (born 1945)

Marsha Lee Berzon is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit.

<span class="mw-page-title-main">Microstamping</span> Ballistics identification technology

Microstamping is a proprietary ballistics identification technology. Microscopic markings are engraved onto the tip of the firing pin and onto the breech face of a firearm with a laser. When the gun is fired, these etchings are transferred to the primer by the firing pin and to the cartridge case head by the breech face, using the pressure created when a round is fired. After being fired, if the cases are recovered by police, the microscopic markings imprinted on the cartridges can then be examined by forensic ballistics experts to help trace the firearm to the last registered owner. A California law requiring the use of microstamping technology in all new semiautomatic firearms sold in the state has attracted controversy.

District of Columbia v. Heller, 554 U.S. 570 (2008), is a landmark decision of the Supreme Court of the United States. It ruled that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms—unconnected with service in a militia—for traditionally lawful purposes such as self-defense within the home, and that the District of Columbia's handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" violated this guarantee. It also stated that the right to bear arms is not unlimited and that certain restrictions on guns and gun ownership were permissible. It was the first Supreme Court case to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense or whether the right was only intended for state militias.

<span class="mw-page-title-main">Gun laws in California</span> Californias gun law

Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.

<span class="mw-page-title-main">Roger Benitez</span> American judge (born 1950)

Roger Thomas Benitez is a senior United States district judge of the U.S. District Court for the Southern District of California. He is known for his rulings striking down several California gun control laws.

<span class="mw-page-title-main">Cormac J. Carney</span> American judge (born 1959)

Cormac Joseph Carney is a United States district judge of the United States District Court for the Central District of California.

<span class="mw-page-title-main">Susan P. Graber</span> American attorney and jurist (born 1949)

Susan Pia Graber is an American attorney and jurist. She is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. A native of Oklahoma, she was the 90th justice of the Oregon Supreme Court from 1990 to 1998. She served on the Oregon Court of Appeals from 1988 to 1990.

<span class="mw-page-title-main">Barbara M. Lynn</span> American judge (born 1952)

Barbara M. G. Lynn is a senior United States district judge of the United States District Court for the Northern District of Texas, with chambers in Dallas, Texas.

<i>Nordyke v. King</i> US federal court case

Nordyke v. King was a case in the United States Court of Appeals for the Ninth Circuit in which a ban of firearms on all public property and whether the Second Amendment should be applied to the state and local governments is to be decided. After several hearings at different levels of the federal court system, Alameda County, California promised that gun shows could be held on county property, essentially repudiating its ordinance.

McDonald v. City of Chicago, 561 U.S. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Fourteenth Amendment and is thereby enforceable against the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller (2008) as to the scope of gun rights in regard to the states.

<span class="mw-page-title-main">Gun laws in the District of Columbia</span> District of Columbias gun law

Gun laws in the District of Columbia regulate the sale, possession, and use of firearms and ammunition in Washington, D.C.

<span class="mw-page-title-main">Gun laws in Maryland</span> Marylands gun law

Gun laws in Maryland regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maryland.

<i>Peruta v. San Diego County</i>

Peruta v. San Diego, 824 F.3d 919, was a decision of the United States Court of Appeals for the Ninth Circuit pertaining to the legality of San Diego County's restrictive policy regarding requiring documentation of "good cause" that "distinguish[es] the applicant from the mainstream and places the applicant in harm's way" before issuing a concealed carry permit.

<span class="mw-page-title-main">Assault weapons legislation in the United States</span>

Assault weapons legislation in the United States refers to bills and laws that define and restrict or make illegal the manufacture, transfer, and possession of assault weapons. How these firearms are defined and regulated varies from jurisdiction to jurisdiction; generally, this constitutes a list of specific firearms and combinations of features on semiautomatic firearms.

<span class="mw-page-title-main">High-capacity magazine ban</span> Law restricting magazine capacity in firearms

A high-capacity magazine ban is a law which bans or otherwise restricts detachable firearm magazines that can hold more than a certain number of rounds of ammunition. For example, in the United States, the now-expired Federal Assault Weapons Ban of 1994 included limits regarding magazines that could hold more than ten rounds. As of 2022, twelve U.S. states, and a number of local governments, ban or regulate magazines that they have legally defined as high-capacity. The majority of states do not ban or regulate any magazines on the basis of capacity. States that do have large capacity magazine bans or restrictions typically do not apply to firearms with fixed magazines whose capacity would otherwise exceed the large capacity threshold.

<span class="mw-page-title-main">High-capacity magazine</span> Type of firearm magazine

A high-capacity magazine is a magazine capable of holding a higher than normal number of ammunition rounds for a particular firearm.

<span class="mw-page-title-main">Lawrence VanDyke</span> American judge (born 1972)

Lawrence James Christopher VanDyke is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. He is a former solicitor general of Nevada and Montana.

<i>Miller v. Bonta</i> 2021 pending federal appellate court case regarding Californias assault weapon ban

Miller v. Bonta is a pending court case before Judge Roger Benitez of the U.S. District Court for the Southern District of California concerning California's assault weapon ban, the Roberti–Roos Assault Weapons Control Act of 1989 (AWCA). Judge Roger Benitez struck down the ban in a ruling on June 5, 2021. A three-judge panel of the Ninth Circuit issued a stay of the ruling on June 21, 2021, which left the ban in place as appeals were litigated. The panel then vacated Judge Benitez’s ruling and remanded it back down after NYSRPA v. Bruen was decided. The case was known as Miller v. Becerra before Rob Bonta succeeded Xavier Becerra as Attorney General of California in April 2021.

References

  1. "Statement of Vote - November 8, 2016, General Election". December 16, 2016. Retrieved January 7, 2017.
  2. "Proposition 63. California General Election November 8, 2016. Official Voter Information Guide". California Secretary of State. Archived from the original on 11 October 2016. Retrieved 10 October 2016.
  3. "A California gun measure that's too high-stakes to fail". Editorial. The Sacramento Bee . October 2, 2016. Retrieved October 11, 2016.
  4. "USC-Dornsife/LA Times Poll". USC Dornsife September 2016 Poll. September 2016. Retrieved 11 October 2016.
  5. "Clinton is Ahead of Trump as U.S. Presidential Election Approaches". Insights West. November 2016. Archived from the original on 8 November 2016. Retrieved 8 November 2016.
  6. McGreevy, Patrick (November 8, 2016). "California voters approve gun control measure Proposition 63". Los Angeles Times. Retrieved December 7, 2016.
  7. Attorney General Becerra Continues Fight in Duncan v. Becerra, Defending California's Law that Bans the Acquisition and Possession of Large-Capacity Magazines (press release), Office of the California Attorney General (July 16, 2019).
  8. Thompson, Don. "Federal judge blocks high-capacity ammunition ban in California". usatoday.com. Retrieved 2019-03-30.
  9. 1 2 Order Granting Plaintiffs page 2 line 6
  10. 1 2 AG Files Petition For Review of Appeals Court's Ruling Tossing Magazine Ban, City News Service (August 28, 2020).
  11. Duncan v. Becerra (9th Cir. Aug. 26, 2020).
  12. 9th Circuit Court Panel Ends California Ban On High-Capacity Magazines, CBS News/Associated Press (August 14, 2020).
  13. Ninth Circuit to Hear Case Challenging California's Magazine Ban En Banc, NRA-ILA (February 26, 2021).
  14. "NRA-ILA | Ninth Circuit To Hear Oral Argument In NRA-Backed Challenge to California's Magazine Ban". NRA-ILA.
  15. "Ninth Circuit Salvages CA Magazine Ban". NRA-ILA. December 2, 2021. Retrieved January 23, 2023.
  16. "US Judge Strikes Down California Ban on High-Capacity Gun Magazines". US News. Retrieved September 22, 2023.
  17. Moleski, Vincent. "Stay granted in California ammo case, restricting sales again using criticized database". The Sacramento Bee. Retrieved 2021-03-22.
  18. "Calendar of the United States District Court" (PDF). uscourts.gov. Retrieved 17 July 2023.
  19. "Rhode v. Bonta Decision" (PDF). CourtListener. January 30, 2024. Retrieved January 31, 2024.