The left-leaning U.S. Ninth Circuit Court of Appeals on Monday reversed one of its previous rulings on an ammunition background check law and ordered a rehearing. 

The one-page order came in the case of Rhode v. Bonta. While a U.S. District Court and a three-judge panel of the Ninth Circuit both struck down the law, the court this week saw a majority of its 29 judges vote to set those rulings aside and hold a rare en banc rehearing of the case before an 11-judge panel. 

The primary plaintiff in the case, famed Olympic shooting sports Gold Medalist Kim Rhode, brought the challenge in 2018 over the tenets of California Proposition 63 and the follow-on state Senate Bill 1235, which placed several controls on the sale and transfer of ammunition. 

These restrictions included a ban on purchasing ammunition online for home delivery, making it illegal to bring in bullets purchased legally while traveling out of state, and mandating a background check on every over-the-counter ammo sale, the latter process complete with onerous fees, backlogs, errors, and red tape.

In early 2024, a federal judge ordered a full injunction against the state, barring it from enforcing the law. 

The en banc panel will be led by Chief Judge Mary Murguia, a Clinton appointment to the federal bench that was elevated to the court of appeals by President Obama. Of the Ninth Circuit's current judges, 16 were appointed by Democratic presidents and 13 by Republicans. 

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