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
Massachusetts: Progressives Pass Radical Gun Control Bill

Friday, July 19, 2024

Massachusetts: Progressives Pass Radical Gun Control Bill

Progressive politicians in Massachusetts just passed one of the most extreme gun control bills in the country.

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

Thursday, July 25, 2024

Massachusetts: Gov. Healey Signs Radical Gun Control Into Law

On Thursday, July 25th, Governor Maura Healey (D) signed H. 4885, "an act modernizing firearm laws," one of the most extreme gun control bills in the country, into law.

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

News  

Monday, July 22, 2024

Trump’s Running Mate, JD Vance, is a True Second Amendment Champion

Last week, Sen. JD Vance (R-OH), accepted the Republican party’s nomination for vice president at the Republican National Convention in Milwaukee, WI.

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

Friday, February 2, 2024

Massachusetts: Senate Passes Sweeping Gun Control Without Public Hearing

On Thursday, February 1st, the Senate passed S.2572 late in the night without the bill ever receiving a public hearing, ignoring the concerns of Minority Leader Bruce Tarr and second amendment advocates across the state. 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

News  

Second Amendment  

Monday, July 22, 2024

NRA Files Lawsuit Challenging ATF’s “Engaged in the Business” Rule

The National Rifle Association of America (NRA) has filed a lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) “Engaged in the Business” Final Rule. The ATF’s Final Rule unlawfully redefines when a person ...

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

News  

Monday, July 22, 2024

Appeals Court: 21+ Age Requirement for Carry Permits is Unconstitutional

In another Bruen-based invalidation of a gun law, a federal appeals court has struck a Minnesota law that prohibits 18 to 20-year-olds from being eligible for a carry permit, declaring the law to be invalid and ...

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

Tuesday, July 16, 2024

Third Circuit Affirms Denial of Preliminary Injunction in NRA-ILA-Supported Challenge to Delaware’s ban on “assault weapons” and “large-capacity magazines.”

On Monday, July 15, the Third Circuit Court of Appeals affirmed the district court’s denial of a preliminary injunction in Delaware State Sportsmen’s Association v. Delaware Department of Safety & Homeland Security, NRA-ILA’s lawsuit challenging ...

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Tuesday, July 23, 2024

District Court Denies Preliminary Injunction in NRA’s Challenge to New Mexico’s 7-Day Waiting Period Law

Yesterday, in Ortega v. Grisham, the U.S. District Court for the District of New Mexico denied the plaintiffs’ motion for a temporary restraining order and preliminary injunction against New Mexico’s law requiring individuals to wait 7 ...

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

News  

Monday, July 15, 2024

VA Tells Congressional Panel it “Could Not” and “Would Not” Comply with Pro-gun Legislation

Last Wednesday, the Subcommittee on Disability Assistance and Memorial Affairs of the House Veterans Affairs Committee held a legislative hearing on a number of proposed bills that would change various procedures and standards for how the Department ...

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.