A coalition of Second Amendment groups and two residents have filed a lawsuit to block California’s new 11% excise tax on firearms, parts and ammunition.
Case, James vs Madurossought to block the tax, which took effect on July 1, arguing that the Supreme Court has previously ruled that constitutional rights cannot be subject to taxation.
One of the precedents cited is Murdock v. PennsylvaniaIn that case, the court sided with the Jehovah’s Witnesses, who were required to purchase a permit to conduct door-to-door evangelism in Westmoreland County.
In this regard, the Firearms Policy Coalition (FPC), the National Rifle Association (NRA), the California Rifle & Pistol Association, and two private citizens have filed a public complaint against California Department of Tax and Fee Administration Director Nicholas Maduros, citing similar protections.
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Attendees view handguns at the Walther booth during the National Rifle Association’s (NRA) annual convention in Indianapolis, Indiana. (Getty Images)
FPC Chairman Brandon Combs called California’s tax code a “modern-day Jim Crow” that targets people disliked by powerful people like California Governor Gavin Newsom.
“Thankfully, the Constitution prohibits political warfare plots in California. FPC and our allies are committed to restoring the right to keep and bear arms in California and across the United States,” Combs said in a statement.
The lawsuit, filed in state court in San Diego, alleges that California is “seek[ing]to destroy the exercise of a constitutional right by subjecting it to special taxation.”
The plaintiffs further argue that if the tax were allowed, California would be able to impose a 50% or 100% tax on activities related to other constitutional rights, unless the government sees it as favorable.
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In this petition, New York Rifle and Pistol Association v. Bruen The lawsuit targeted New York state’s concealed carry permit requirements.
Blue En “Guarantee[s] and an individual right to keep and bear arms in the event of a confrontation,” the plaintiffs argued.
The NRA said in a statement that while the tax would officially be levied on gun dealers, the amount would be passed on to consumers.
Randy Kozuk, executive director of the NRA’s Legislative Action Institute, said the Virginia-based organization has a long history of defending gun rights and challenging laws that restrict them.
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“California’s firearms excise tax is a blatant and egregious attack on the rights of Californians and a calculated ploy to dismantle the Second Amendment,” Kozuk said.
But a spokesman for Newsom disagreed.
“This is a modest investment in gun violence prevention programs that have been proven to work,” Daniel Villaseñor said. Los Angeles TimesHe called California “number one in gun safety.”
