Explore The NRA Universe Of Websites

APPEARS IN News

California Tax is About Curtailing Exercise of a Constitutional Right

Monday, September 18, 2023

California Tax is About Curtailing Exercise of a Constitutional Right

On September 7, the California Legislature passed AB-28. The bill would place an 11 percent excise tax on the sales price of all firearms, firearm precursor parts, and ammunition. As of press time, the legislation remains on Gov. Gavin Newsom’s desk.

As with the rest of the not-so-Golden State’s ever-increasing maze of gun laws, the legislation is designed to discourage the exercise of the Constitutional right to keep and bear arms. Understanding that they can’t bring such an unconstitutional justification into a courtroom, the tax’s backers have carefully crafted their messaging to emphasize that the tax will raise revenue for a “gun violence” fund. Of course, this isn’t to say that securing another pile of loot for California’s anti-gun patronage operation at the expense of the one-party state’s political opponents isn’t a supplementary benefit for gun controllers.

However, it appears not all members of the anti-gun messaging apparatus received the official briefing memo. The Washington Post Editorial Board noticed exactly what the California Legislature was up to with AB-28 and vigorously applauded them for it.

In a September 12 editorial titled “California gets smart with a new tax on guns and bullets,” the Post acknowledged the unconstitutional purpose of the bill. The editorial board noted, “The main goal, though, is to save lives, however minimally, by making it more expensive to shoot someone in the first place.” Aside from the fact that “shoot[ing] someone” in lawful self-defense is Second Amendment-protected conduct, the tax makes it “more expensive to shoot” at all.

The paper even likened the legislation to previous attempts to place prohibitive taxes on ammunition and a well-known stand-up routine.

The California legislation is a lineal descendant of Sen. Daniel Patrick Moynihan’s (D-N.Y.) 1993 proposal for a 50 percent federal excise tax on handgun bullets. The idea went nowhere in Congress, despite a common-sensical appeal that comedian Chris Rock fashioned into a bit about “bullet control” via a $5,000-a-shot fee.

Making further clear that the tax is intended to discourage Second Amendment-protected conduct, the paper likened the levy to “sin taxes” on alcohol and tobacco. Attempting to appear erudite, the board went on to explain that such taxes are “what economists call ‘Pigouvian taxation,’ so named for Arthur C. Pigou, a British economist who elaborated the concept of discouraging socially costly individual choices.”

Put aside the fact that responsible law-abiding gun owners exercising their Second Amendment rights is not “socially costly.” Is it the Washington Post’s position that Constitutional rights may be taxed if some number of politicians disfavor the right or those exercising it?

Would the editors accept a poll tax imposed by politicians who find it “socially costly” that the poor vote? In October 2022, Gallup reported that only 34 percent of Americans trust “the mass media to report the news ‘fully, accurately and fairly.’” A 2023 report from Gallup and the Knight Foundation found, “Fifty percent of Americans feel most national news organizations intend to mislead, misinform or persuade the public.” Some might view that as “socially costly.” Could a Pigouvian tax be the answer?

Of course not.

Taxes can’t be intended to discourage Americans from exercising their Constitutional rights. The so-called journalists at the Post should know this, considering some of the controlling case law concerned a newspaper.

The 1983 U.S. Supreme Court case Minneapolis Star and Tribune Co. v. Minnesota Com'r of Revenue addressed a discriminatory use tax on paper and ink consumed in publication. The Court determined that the tax was an unconstitutional attack on First Amendment rights. The Court explained that “A power to tax differentially, as opposed to a power to tax generally, gives a government a powerful weapon against the taxpayer selected.” Such a tax targeted at gun owners, would be a similarly suspect attack on Second Amendment rights.

Kudos to the Washington Post for seeing right through the California legislature’s lame messaging on their proposed Second Amendment tax. Shame on the paper for cheering taxing a Constitutional right.

IN THIS ARTICLE
California Tax
TRENDING NOW
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Just One More Step: Australia’s New Weapon Laws

News  

Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

Canada: A Fresh Gun Ban as Trudeau Exits

News  

Monday, March 17, 2025

Canada: A Fresh Gun Ban as Trudeau Exits

Just three months ago, Canada’s Liberal government announced that an additional 324 so-called “assault-style” firearms had been added to the list of banned guns established under then-Prime Minister Justin Trudeau in 2020.

NRA Applauds Governor Youngkin for Vetoing Two Dozen Anti-Second Amendment Bills

News  

Second Amendment  

Tuesday, March 25, 2025

NRA Applauds Governor Youngkin for Vetoing Two Dozen Anti-Second Amendment Bills

Yesterday, Virginia Governor Glenn Youngkin reaffirmed his support for the rights of law-abiding gun owners by vetoing two dozen bills that would have trampled on the Second Amendment freedoms of the citizens of the Commonwealth. ...

House Judiciary Committee Prepares to Advance Key Second Amendment Legislation

News  

Friday, March 21, 2025

House Judiciary Committee Prepares to Advance Key Second Amendment Legislation

The House Judiciary Committee, led by Chairman Jim Jordan (R-OH-04), is planning to hold a legislative markup on March 25, 2025 at 10 am EST.  The Committee will be considering several bills during this markup, two ...

New Jersey: Anti-Gun Bills Pass Assembly

Wednesday, March 26, 2025

New Jersey: Anti-Gun Bills Pass Assembly

On Monday, March 24, the Assembly passed several gun control bills. Most of the bills addressed issues which are already illegal under both state and federal law. It is an election year in New Jersey, ...

Colorado: FOID Bill Heads to Governor's Desk, TAKE ACTION NOW!

Saturday, March 29, 2025

Colorado: FOID Bill Heads to Governor's Desk, TAKE ACTION NOW!

On Friday, March 28th, Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, passed the final vote on the Senate floor, concurring in the House amendments. 

Oregon: Update on Tomorrow’s Gun Bill Hearing in the Senate

Wednesday, March 26, 2025

Oregon: Update on Tomorrow’s Gun Bill Hearing in the Senate

Today, on the eve of the scheduled Senate Judiciary Committee hearing, SB 243, a placeholder bill that was directed at study background checks, received a 23-page amendment combining four anti-gun bills into a single omnibus ...

Florida: House Passes Bill Repealing Age Discrimination of Adults; Urge Senate Hearing - Take Action!

Thursday, March 27, 2025

Florida: House Passes Bill Repealing Age Discrimination of Adults; Urge Senate Hearing - Take Action!

Yesterday, the House voted 78-34 to pass House Bill 759, which restores the ability for young adults to acquire firearms by lowering the minimum age requirement to purchase from 21 to 18. The Senate companion, Senate Bill 920, has ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.