If you buy firearms in California, there’s a secret tax you don’t know about, but it almost certainly affects you. Ever since 2024, California has levied an excise tax on firearms manufacturers, importers, and dealers, not consumers—but studies indicate (and common sense dictates) that consumers eventually bear the weight of this government burden. Now, the Firearms Policy Coalition is gearing up to fight California’s Assembly Bill 28 (AB 28) in court.
Guns and the legal system @ TFB:
The story so far
California’s state government has a reputation for making life difficult for gun owners. When AB 28 became law in 2024 (read about it here), it did not decree a tax that directly targeted consumers. The 11 percent excise tax was aimed at the firearms industry, including people who built guns and people who sold guns. If they were buying firearms or ammunition (to resell to consumers) or buying components (to assemble or manufacture firearms), these businesses would have to pay an extra tax.
While this was not initially visible to consumers, the obvious effect was an increase in the price of firearms in California. A study from the Becker Friedman Institute For Economics (at the University of Chicago) showed that the cost of the excise tax was almost entirely passed on to consumers—read more about that here.
California’s state government says the funds raised by the excise tax go into gun violence prevention and school safety programs.
The Firearms Policy Coalition takes the stance that this excise tax is unconstitutional and is fighting it in court. But they are handling it aggressively, and say they shouldn’t even have to take this to court at all.
Legal wrangling
The Coalition has filed a motion for summary judgment. This is a legal request asking a court to decide a case without going to trial. They’re telling the Sacramento Superior Court that this case shouldn’t even have to go to court; in their opinion, it is a clear-cut violation of constitutional rights.
“This unlawful tax scheme is designed to destroy the right to keep and bear arms, and California cannot be allowed to get away with it, said Brandon Combs, president of the Coalition. “You cannot specially tax the exercise of a constitutional right – full stop. If courts allow an 11% tax today, nothing stops them from making it 50% or 100% tomorrow. We are suing to end this direct attack on the rights of peaceable people, and we intend to win.”
Will they be successful in winning the battle without even really having to throw a punch? Uh. Stay tuned on that one. But you can see details on this case (Poway Weapons & Gear v. CDTFA) as the Firearms Policy Coalition uploads them here.
