California’s New Gun Tax Triggers Second Amendment Lawsuit to Block ‘Modern Jim Crow Laws’

A consortium of Second Amendment advocacy groups and two residents have filed a lawsuit seeking to block California’s new 11 percent excise tax on firearms, parts and ammunition.

Suitcase, Jaymes vs Madurosargued that the Supreme Court had previously ruled that constitutional rights should not be taxed, and he wanted to block the tax, which went into effect July 1.

One of the precedents cited was Murdock vs. Pennsylvaniain which the court sided with a Jehovah’s Witness who had to obtain a permit to evangelize from house to house in Westmoreland County.

In this regard, the Firearms Policy Coalition (FPC), the National Rifle Association (NRA), the California Rifle & Pistol Association, and two civilians filed a complaint against California Department of Tax & Fee Administration Director Nicolas Maduros regarding his official duties, citing similar protections.

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FPC President Brandon Combs called the California tax a “modern Jim Crow law” that targets people disliked by those in power, such as California Gov. Gavin Newsom.

“Fortunately, the Constitution prohibits California’s political warfare agenda. FPC and our allies are committed to restoring the right to keep and bear arms in California and throughout the United States,” Combs said in a statement.

The complaint, filed in state court in San Diego, accuses California of seeking to “destroy the exercise of a constitutional right by ring-fencing it for special taxation.”

The plaintiffs further argue that if the tax is upheld, California would be able to tax conduct related to other constitutional rights at a rate of 50% or 100% if the government disfavors them.

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The files also refer to recent New York Rifle & Pistol Association v. Bruen The case concerned New York state requirements for concealed carry permits.

Bruen “guarantees the right of individuals to keep and bear arms in the event of a confrontation,” the plaintiffs said.

The NRA said in a statement that while the tax is technically collected from gun sellers, the bulk of the tax is passed on to consumers.

Randy Kozuch, executive director of the NRA’s Institute for Legislative Action, said the Virginia-based association has a long history of defending gun rights and challenging laws that restrict them.

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“California’s firearms excise tax is a blatant and egregious attack on the rights of Californians and a deliberate maneuver to dismantle the Second Amendment,” Kozuch said.

Newsome’s spokesman, however, disagreed with the accusations.

“This is a modest investment in gun violence prevention programs that have been proven to work,” Daniel Villaseñor told the Los Angeles Times, calling the Golden State “No. 1 in gun safety.”