FPC Sues to Stop California’s Firearms Excise Tax By: Firearms Policy Coalition

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SAN DIEGO, CA (July 2, 2024) –  Today, Firearms Policy Coalition (FPC) announced the filing of a new Second Amendment lawsuit, filed in the San Diego County Superior Court, challenging California’s Firearms Excise Tax, otherwise known as California Assembly Bill 28, which imposes an 11 percent excise tax on firearms, firearms “precursor parts,” and ammunition. The case is captioned Jaymes v. Maduros. The complaint, along with all other case details and documents, can be viewed at FPCLegal.org.

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“California’s unconstitutional and immoral gun tax is a modern Jim Crow law that targets people and rights hated by tyrants like Governor Gavin Newsom,” said FPC President Brandon Combs. “Thankfully, the Constitution forbids California’s political warfare scheme. FPC and our allies are committed to restoring the right to keep and bear arms in California and throughout the United States.”

“Here, California effectively seeks the power to destroy the exercise of a constitutional right by singling it out for special taxation. If this tax is permitted, there is nothing stopping California from imposing a 50% or even 100% tax on a constitutional right it disfavors—whether it be the right to keep and bear arms, the right to free exercise of religion, or any other right,” the complaint states.

With this challenge, FPC and its co-plaintiffs seek “judgment stating that California’s 11% excise tax on firearms and ammunition violates the right to keep and bear arms secured by the Second Amendment to the United States Constitution” and all enforcement of the law permanently blocked. 

FPC is joined in this case by two individual plaintiffs, the National Rifle Association (NRA), the California Rifle and Pistol Association (CRPA), and the Second Amendment Foundation (SAF). The Plaintiffs are represented by Cooper and Kirk, PLLC, and Michel & Associates, PC.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, YouTube.