California's Crazy Second Amendment Tax

Published on September 10, 2023
0

William Kirk of Washington Gun Law critically analyzes California's AB 28, a proposed excise tax on firearms and ammunition. He argues it functions as a 'Second Amendment tax' and a form of civilian disarmament, drawing parallels to historical poll taxes. Kirk urges Governor Newsom to veto the bill on constitutional grounds, citing precedent like Harper v. Virginia.

Quick Summary

California's AB 28 is a proposed excise tax on firearms and ammunition, criticized as a 'Second Amendment Tax' and a move towards civilian disarmament. Legal experts argue taxing a constitutional right is unconstitutional, drawing parallels to historical poll taxes outlawed by the 24th Amendment and Supreme Court rulings. The tax is expected to increase costs for consumers.

Chapters

  1. 00:00Introduction to California's New Gun Tax
  2. 01:17Details of Assembly Bill 28 (AB 28)
  3. 01:59Constitutional Attack and Civilian Disarmament
  4. 03:39Comparison to Poll Taxes
  5. 05:21Governor Newsom and the 28th Amendment
  6. 06:46Economic Impact on Consumers
  7. 08:52Conclusion and Call to Action

Frequently Asked Questions

What is California's AB 28?

AB 28 is a proposed bill in California that would implement an excise tax on all firearm and ammunition sales statewide. It's estimated to generate significant annual revenue, with a portion earmarked for gun violence prevention programs.

Why is AB 28 called a 'Second Amendment Tax'?

It's referred to as a 'Second Amendment Tax' because critics argue it unfairly burdens the exercise of a constitutional right, making firearm acquisition more expensive for lawful citizens and potentially serving as a tool for civilian disarmament.

What is the legal precedent against taxing constitutional rights like firearms?

The speaker cites historical poll taxes, which were used to disenfranchise voters and were ruled unconstitutional by the Supreme Court in Harper v. Virginia (1966), supported by the 24th Amendment, establishing a principle against taxing fundamental rights.

What is the economic impact of AB 28 on consumers?

The excise tax, though levied on retailers, is expected to be passed down to consumers. Given the thin profit margins in the firearms industry, this tax will likely lead to increased prices for guns and ammunition.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from Washington Gun Law

View all →