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
Bans for 3D Blueprints: New York Governor Pushes Anti-Gun, Anti-Speech Proposals

News  

Monday, January 12, 2026

Bans for 3D Blueprints: New York Governor Pushes Anti-Gun, Anti-Speech Proposals

Manufactured panic has frequently been used to lay the policy foundation for legislative and legal efforts meant to ban legally manufactured and lawfully owned firearms.

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

Gun Control Honcho “Certain” that Federal Agents with Guns “Do Not Make Us Safer”

News  

Monday, January 12, 2026

Gun Control Honcho “Certain” that Federal Agents with Guns “Do Not Make Us Safer”

Gun control advocates have gone to great lengths to rebrand themselves as mere proponents of “commonsense gun safety measures.” 

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

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

Crisis Management in the Land Down Under: All Roads Lead to Gun Control, Buybacks

News  

Monday, January 12, 2026

Crisis Management in the Land Down Under: All Roads Lead to Gun Control, Buybacks

After the terrorist attack on December 14th at Australia’s Bondi Beach, it was revealed that one of the two alleged perpetrators, Naveed Akram, had come to the attention of the Australian Security Intelligence Organisation (ASIO) in October ...

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

Saturday, January 10, 2026

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

The year may have changed, but the mission of anti-gun lawmakers in Trenton has not.   Late Friday, the legislature posted two anti-Second Amendment bills for floor action Monday, January 12 in the Senate.

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

Tuesday, January 6, 2026

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

The U.S. Department of Justice and a coalition of 25 states have each filed amicus briefs in Rhode v. Bonta, a case backed by the National Rifle Association and California Rifle and Pistol Association challenging California’s ...

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

Tuesday, January 13, 2026

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

On Wednesday, January 14th, the Virginia General Assembly begins the 2026 legislative session, and lawmakers are once again expected to pursue an aggressive anti-gun agenda.

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.