Second Amendment advocacy groups in California have filed a lawsuit to block the state’s recently implemented 11% tax on firearms, parts, and ammunition. The complaint, brought forward by the Firearms Policy Coalition (FPC), National Rifle Association (NRA), California Rifle & Pistol Association, and two individual civilians, targets California Department of Tax & Fee Administration Director Nicolas Maduros.
The lawsuit argues that the Supreme Court has previously ruled that constitutional rights should not be subject to taxation, and seeks to block the new tax, which took effect on July 1. The plaintiffs assert that the tax aims to “destroy the exercise of a Constitutional right by singling it out for special taxation.”
FPC President Brandon Combs condemned the tax as a “modern Jim Crow law” perpetrated by California officials to specifically target those who want to own firearms.
“Thankfully, the Constitution forbids California’s political warfare scheme. FPC and our allies are committed to restoring the right to keep and bear arms in California and throughout the United States,” Combs said in a statement.
The plaintiffs argue that allowing such a tax would grant California the ability to tax constitutionally-protected activities at any rate, potentially up to 100%, if the government disapproves of the activity. The NRA emphasized that while the tax is officially imposed on gun dealers, it will ultimately be passed on to consumers, resulting in higher prices for firearms and related products.
“California’s firearms excise tax is a blatant and egregious attack on the rights of Californians and a calculated maneuver to dismantle the Second Amendment,” explained Randy Kozuch, executive director of the NRA’s Institute for Legislative Action.
The lawsuit comes as California has had numerous setbacks in its efforts to implement stricter gun control. Last year, a federal judge struck down California’s ‘assault weapons’ ban and subsequently struck down the state’s law limiting magazine capacity to 10 rounds. Both of these cases continue to be challenged.
