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New Bill In Congress Targets States That Unfairly Tax Guns And Ammunition

Mark Chesnut - comments 22 comments

Fed up with states taxing gun purchasers in order to try to curb gun ownership, two congressmen and a U.S. senator have introduced a measure to put a stop to such abuse.

U.S. Reps Richard Hudson, R-North Carolina, and Darrell Issa, R-California, along with U.S. Sen. Jim Risch, R-Idaho, recently introduced the Freedom from Unfair Gun Taxes Act in order to prohibit states from implementing excise taxes on firearms and ammunition to fund gun control programs.

California has an additional 11% excise tax on guns and ammunition. Colorado recently added an additional 6.5% excise tax for guns, ammo and accessories purchased in that state.

Being from California, Rep. Issa has very strong feelings on anti-gun state governments placing additional taxes on guns and ammunition.

“For too many years, extreme state policies—including from my home state—have targeted our fundamental Second Amendment rights and the American citizens who exercise them,” Rep. Issa said in a news release announcing the legislation. “The latest attack is California’s imposition of a ‘sin tax’ on firearms and ammunition. This outrageous and unfair burden on law-abiding citizens is why Sen. Risch, Rep. Hudson, and I are working to stop this and other attempts to penalize our people and put the price of self-defense out of reach of any American.”

For his part, Sen. Issa said that states piling such taxes on gun owners is exploitation.

“Blue states that implement an excessive excise tax to fund gun control initiatives are exploiting the Second Amendment,” Sen. Risch said. “The Freedom from Unfair Gun Taxes Act ensures states do not place a significant financial burden on law-abiding gun owners to advance their anti-Second Amendment agenda.”

One of the pro-gun organizations supporting the measure is the powerful National Shooting Sports Foundation (NSSF), the firearm industry trade association. Lawrence G. Keane, NSSF senior vice president and general counsel, said states are making gun purchasers pay a “sin tax,” and it needs to be stopped.

“States that are hostile to the firearm industry and Second Amendment freedoms have abused their ability to levy taxes on the sale of firearms and ammunition as a ‘sin tax,’” Keane said. “Exercising a right—whether it is your First Amendment freedoms, Second Amendment or Fourth or Fifth Amendment freedoms, is not a sin.”

Keane added that the idea that law-abiding citizens who responsibly exercise their Second Amendment rights must bear the cost of funding programs designed to denigrate that very right is anathema to the free exercise of rights.

“This is akin to the unconstitutional poll taxes that were struck down by the U.S. Supreme Court in 1966,” he concluded “The lawmakers in the states that levy these taxes reveal their contempt for the Second Amendment and disdain for citizens who obey the law. NSSF is grateful to Congressmen Issa and Hudson, as well as Senator Risch, for their principled stand against these taxes that are an affront to the free exercise of Constitutionally-protected rights.”

Incidentally, a similar measure was filed last year but didn’t make much headway with the party makeup in Congress and President Joe Biden in the White House. Sponsors hope it will fare better this year with President Donald Trump in the White House and Republicans holding majorities in both the House and Senate.

22 thoughts on “New Bill In Congress Targets States That Unfairly Tax Guns And Ammunition”

  1. Except this isn’t needed. DOJ simply needs to rule and drag them to court. The supreme court already ruled this is ILLEGAL. Murdock v. Pennsylvania, 319 U.S. 105 was a case from 1943 where they ruled quote “4. A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution. P. 319 U. S. 113.” and “5. The flat license tax here involved restrains in advance the Constitutional liberties of press and religion, and inevitably tends to suppress their exercise. P. 319 U. S. 114.”

    AKA a tax explicitly on guns, ammo, and accessories is ILLEGAL. This also means the NFA Tax is ILLEGAL. Case closed

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  2. All the taxes in California have put me off purchasing any further firearms. First there is the 11% federal tax folded into the MSRP, then the state sales tax (.0725 to 0.095 depending on where you live), plus the Firearm Safety Certificate ($25 every five years as I recall), plus the Dealer Record of Sale (DROS) that rounds down to $37, and the final straw is an additional 11% on the cost of the firearm. I haven’t included the FFL transfer fee. Up here, it is usually $25 if you buy it from the retailer, $75 to $100 if it is an internet transfer. Add all that up and first time buyer has to pony up an extra $178 on a $500 gun for a local purchase.
    And by the way, the 11% tax also applies to the ammunition. If purchased with a firearm purchase, the background check fee (currently $1 but with a proposal to raise it to $5.00 is pending) is waived.

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  3. All taxes on firearms except standard sales tax are unconstitutional.
    All taxes on firearms are infringements.

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  4. My county in suburban NYC just increased all fees related to the already expensive permitting process. Seems Bruen led to too many new permitees so the $25 fee became $125, each 3 year renewal went from $25 to $175 and the license amendment fee—-needed for each new handgun or semi-auto rifle purchased—-went from $3 to $25. It’s an affluent county where most won’t blink at the increases but there are lots of people of lesser means that some other people apparently don’t want exercising their rights.

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    • Meanwhile the same people who jacked up the price to exercise a right are reeeeeeeing to the heavens about the price increase of their slave labor produced garbage.

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  5. Just contacted Issa giving my whole hearted support for this.
    In California, the tax on the 2nd amendment is over 20%. 11% Newsom tax + 10% sales tax.
    I’m saving my receipts in hopes a lawsuit can be filed to get that confiscated money back.

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  6. Great.

    Now, lets reconcile the Pittman-Robertson excise tax (11% on all firearms, ammunition and archery equipment) with Bruen…

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  7. Why doesn’t Congress go further and make ALL infringements of the Second Amendment illegal? Any gun not already regulated by federal law would be declared legal per Heller and Bruen. Any state attorney general who isn’t happy with this could take it up with the US courts.

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