Look, I've been in this business long enough to know that California doesn't just want to regulate guns—they want to make them unaffordable. And that's exactly what their 11% excise tax on firearms and ammunition does.
Two gun ranges in California—Poway Weapons and Gear and Sacramento Gun Range—filed a lawsuit last summer challenging this tax, and this week they filed for summary judgment. They're asking a federal judge to rule in their favor without needing a full trial, and frankly, they've got a strong case.
Here's the thing: the Supreme Court has already ruled that you can't single out constitutional rights for special taxation. In *Murdock v. Pennsylvania*, the Court made clear that constitutional rights can't be hit with special taxes. The plaintiffs are arguing that California's 11% tax does exactly that—it makes exercising your Second Amendment right to acquire firearms significantly more expensive.
Attorney General Rob Bonta is trying to shoot this down by claiming there's no right to sell firearms without paying a tax. But that's not the real question. The real question is whether California can force buyers to pay a special tax on exercising their constitutional right to keep and bear arms. Under Supreme Court precedent, you can't acquire a firearm without the ability to purchase one—so this tax directly impacts the Second Amendment.
The plaintiffs make another great point: if this 11% tax stands, what's to stop California—or any state—from imposing a 50%, 100%, or even 1000% tax? The Constitution should protect us from discriminatory taxation of fundamental rights, period.
Now, this case could have ripple effects across the country. Colorado already has a 6.5% excise tax, and states like Maryland, Massachusetts, New York, Virginia, and Washington are all considering similar taxes. If the plaintiffs win, we could see those taxes wiped off the books—and stop proposed taxes before they get implemented.
Representing the ranges are Chuck Michel of California Rifle and Pistol Association and the experienced Second Amendment lawyers at Cooper & Kirk. If the district court rules in their favor, this could reach the Supreme Court within a couple of years.
I'll be watching this one closely. A win here means cheaper guns and ammo for everyone—and a warning to other states thinking about following California's lead.