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
North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Monday, December 1, 2025

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Tomorrow, December 2nd, at 8:30 AM, the Florida House Judiciary Committee will hear pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. Use the Take Action link below to contact the ...

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Wednesday, December 3, 2025

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Yesterday, the House Judiciary Committee voted 13-7 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. The bill now heads to the full House, where it is ...

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

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.