California Sued Over Background Check Law
Article from Reason by Brian Doherty.
One sticking point involves the law’s demand that a citizen present identification in order to go through the background check. The plaintiffs in the case, known as Rhode v. Becerra, complain that the state is enforcing more stringent requirements in this context than it uses for most other legal purposes, enforcing federal “real ID” requirements that go beyond what most Californians currently possess:
Under [the state’s] regulation, a California driver license or identification card with the notation “FEDERAL LIMITS APPLY” is sufficient for virtually all other purposes, yet not to acquire ammunition….While this form of ID is issued by the State itself, as proof of both identity and residence, individuals possessing this state-issued ID must nonetheless present additional documentation (such as a valid U.S. passport or certified copy of a U.S. birth certificate) to purchase ammunitiion…Should this additional proof not match precisely the name appearing on the California ID, additional documentation must be provided explaining the reason for the name change.
The plaintiffs consider it absurd that the state says
the identification that California issues as a default and thus implicitly deems sufficient for all other purposes is insufficient for purchasing ammunition—a constitutional right!…Making matters worse, the State does not even have the excuse here that federal law compels its extra identification requirement because the federal government accepts FLA [“federal limits apply,”meaning it is not federal REAL ID compliant] IDs as sufficient for its own purposes—including to pass background checks to purchase a firearm. There is simply no plausible basis on which a state can claim that an ID issued by the state itself, and accepted as sufficient by the federal government, is nonetheless insufficient even to allow an individual to undergo a background check to determine whether he may exercise his Second Amendment rights.
Read the entire article at Reason.
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