California gun and ammo tax

[12Bravo20]

I guess Gov. Newsom did n't like the magazine ban being overturned so now he is doubling the taxes on guns and ammo.

Here is a link to the story on Fox News.

https://www.foxnews.com/politics/ga...-law-doubling-taxes-guns-ammo-small-price-pay

Exerts from he article.

California Gov. Gavin Newsom signed a law Tuesday that will double the taxes on guns and ammunition, with the new revenue going to safety initiatives.

The federal government collects excise taxes on purchases of firearms and ammunition at either 10% or 11%. The new law adds another 11% excise tax, meaning that Golden State residents can indirectly pay as much as 22%.

California is now the only state in the U.S. that has a special tax on gun purchases. Newsom also signed a law Tuesday that bans people from carrying guns in nearly every public space, which overhauls the state's previous rules for carrying concealed weapons.

The tax does not apply to police officers or to businesses that sell less than $5,000 worth of guns or ammo over a three-month period. The tax is projected to generate $159 million per year, with the money going to the California Violence Intervention and Prevention Grant Program and the State Department of Education.

I wonder how long it will take for this to end up in court.

 

[herrwalther]

Tyrant is going to hurt his foot if he keeps stomping like that. Unfortunately, added taxes on firearms and ammo have withstood court scrutiny for the moment. Seattle has a very high firearm and ammo tax inside the city limits, and it drove out every legal gun store. I get the feeling this is going to encourage more people to leave California.

 

[MEHavey]

The power to (target) tax involves the power to destroy.
Has the Seattle tax issue gone to SCOTUS?

 

[mavs]

They should have got rid of him when they had the chance. Now that arrogant piece of garbage thinks he can be president and pull the same kind of executive order crap as he does in California.

 

[AlexanderA]

I wonder how long it will take for this to end up in court.

Soon. This is just begging for a constitutional challenge.

 

[hoardingthemanual]

Gabby Gruesome is leveraging his state for a presidential seat. I hope he never makes it that far.

 

[tarosean]

Soon. This is just begging for a constitutional challenge.

Kicking the can down the road doesn't help anyone right now. + Benitez is no spring chicken.

 

[Riomouse911]

They should have got rid of him when they had the chance. Now that arrogant piece of garbage thinks he can be president and pull the same kind of executive order crap as he does in California.

We would have if that egomaniac moron Larry Elder hadn’t jumped into the race and screwed it all up for us. That jerk cost California big time, and we are still paying for his idiocy.

As for the tax, it will do ZERO to affect anything. NEWSOM doesn’t care, he just wants to get his own name on anything anti-gun. I do fear it will stay in place, others like Seattle did it already.

NEWSOM is dying to be your president, that philandering alcoholic can’t wait for Biden to fall down the stairs again. Don’t get complacent and just wait a bit, taxes like this will be coming to a state house for a vote near you as well.

Now, back to THR.

Stay safe.

 

[Armybrat]

Soon. This is just begging for a constitutional challenge.

Poll taxes were ruled unconstitutional, and any “sales tax” on guns & ammo should be also for the same reason.

 

[Gun-Reck]

We would have if that egomaniac moron Larry Elder hadn’t jumped into the race and screwed it all up for us. That jerk cost California big time, and we are still paying for his idiocy.

As for the tax, it will do ZERO to affect anything. NEWSOM doesn’t care, he just wants to get his own name on anything anti-gun. I do fear it will stay in place, others like Seattle did it already.

NEWSOM is dying to be your president, that philandering alcoholic can’t wait for Biden to fall down the stairs again. Don’t get complacent and just wait a bit, taxes like this will be coming to a state house for a vote near you as well.

Now, back to THR.

Stay safe

 

[CoalCrackerAl]

Do they tax reloading supplies?

 

[ExtremeSquared]

Privatizing use of publicly-funded sidewalks is probably the most California thing to be found here.

 

[Riomouse911]

Oh, I know. I spent 9.5 years doing high profile witness/dignitary protection details in Southern California, I have worked with DOJ agents from two Ca governors, three AG’s and investigators with numerous county DA’s.

This guy is the ultimate silver-spoon,”I know what’s best for you” political animal you will ever meet. Greasy as a used car salesman and half as honest.

Stay safe.

 

[Gordon]

But a pretty face and happy talk toungue which the suburban soccer moms and liberals go. Crazy for !

 

[Riomouse911]

But a pretty face and happy talk toungue which the suburban soccer moms and liberals go. Crazy for !

Ya.

I hope the tax gets fought as a deliberate means test to exercise constitutional right. If one can show it hurts the less wealthy people specifically, and has no effect on crime, then it may be tossed.

Stay safe.

 

[BRatigan]

Can a civil right or the means to exercise that right be taxed? Isn't taxation on that right an infringement? With the SC using original intent, etc. I believe these ideas can be entertained in the court room. Once there is damage done, then there is standing. Could be interesting.

 

[Mk-211]

Is this an increase in the excise tax or an additional tax that CA imposed?

From what I'm reading, the state came up with this. So how are they getting away with double taxation?

https://www.nfib.com/content/news/l...preme Court has,be subject to double-taxation.

I know the above deals with income but this part is what sticks out.

This is a question that can easily affect other taxpayers, not just the Kanslers,” Harned said. “The U.S. Supreme Court has made it clear that small-business owners and other taxpayers must not be subject to double-taxation. We believe the state Department of Revenue’s decision fundamentally contravenes the U.S. Supreme Court’s decision in Wynne.”

 

[danmc]

Can a civil right or the means to exercise that right be taxed? Isn't taxation on that right an infringement? With the SC using original intent, etc. I believe these ideas can be entertained in the court room. Once there is damage done, then there is standing. Could be interesting.

I agree with you 100% - isn’t this why poll taxes are illegal?

 

[AlexanderA]

I agree with you 100% - isn’t this why poll taxes are illegal?

On the surface, it would appear that poll taxes infringing on the 15th Amendment right to vote are a perfect analogue to gun excise taxes infringing on the 2nd Amendment. But, the abolition of poll taxes as a condition for voting, in federal elections, came about by the passage of the 24th Amendment, in 1964, not by a court case. It's true that this was extended to state and local elections by the 1966 Supreme Court case of Harper v. Virginia State Board of Elections, but that decision was based on the violation of the Equal Protection clause of the 14th Amendment, not on the violation of the 15th Amendment.

Last year's Dobbs case (the abortion case) cast doubt on extending the meaning of the 14th Amendment in this way. So although a constitutional challenge to the California gun taxes is certainly viable, it is by no means a slam dunk.

 

[lilguy]

It seems from what GN says, that they plan on coming up with new ways around court decisions. SCOTUS throws it out, they tweek it, and pass it again. Taking months or more for us to challenge it again.
Can the courts drive a stake in heart of that tactic once and for all?

 

[AlexanderA]

It seems from what GN says, that they plan on coming up with new ways around court decisions. SCOTUS throws it out, they tweak it, and pass it again. Taking months or more for us to challenge it again.
Can the courts drive a stake in heart of that tactic once and for all?

Well, we saw what happened with Bruen. The court system is not good at doing followups. It has to have an actual "case or controversy" before it -- it doesn't deal in hypotheticals or issue advisory opinions. Plus, it takes time for all the procedures to be followed. So, yes, the antis have the edge. The only real way to stop this is to capture the legislatures and/or the executive branches.

 

[lilguy]

Well, we saw what happened with Bruen. The court system is not good at doing followups. It has to have an actual "case or controversy" before it -- it doesn't deal in hypotheticals or issue advisory opinions. Plus, it takes time for all the procedures to be followed. So, yes, the antis have the edge. The only real way to stop this is to capture the legislatures and/or the executive branches.

Illinois has a progressive super majority in both houses in Springfield, a governor who brags about how leftwing we are.

 

[Old Dog]

The power to (target) tax involves the power to destroy.
Has the Seattle tax issue gone to SCOTUS?

Nope. But the last gun dealer moved outside the city not long after the tax went into effect, and there's no ammunition sold within the city limits anywhere (legally, that is).

Well, in 1774, citizens of the British Colonies in North America had the highest standard of living in the world... and we went to war against England, partly over a tax rate of around 1.5%.

 

[Weflyfast]

Settled law- in 1943-----

 

[tark]

Greasy as a used car salesman and half as honest.

You should apologize to the used car salesmen of the world. The sleaziest of them is a paragon of virtue compared to most politicians.