California's Crazy Second Amendment Tax

Published on September 10, 2023
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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 contends the tax, while levied on retailers, will be passed to consumers, impacting lawful gun ownership.

Quick Summary

California's AB 28 proposes an excise tax on firearms and ammunition, which legal expert William Kirk likens to a 'Second Amendment tax' and a form of civilian disarmament. He argues that taxing a constitutional right is unconstitutional, drawing parallels to historical poll taxes, and predicts the cost will be passed to 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 Assembly Bill 28?

California's AB 28 is a proposed excise tax on all firearm and ammunition sales statewide. It aims to generate significant annual revenue, with a portion earmarked for gun violence prevention programs, but faces criticism for potentially infringing on Second Amendment rights.

How does AB 28 compare to poll taxes?

The proposed firearm tax is compared to historical poll taxes, which were used to suppress voting rights and were later deemed unconstitutional. The argument is that taxing a constitutional right, like the right to bear arms, is fundamentally unconstitutional, referencing Supreme Court precedent.

Who is William Kirk and what is his stance on AB 28?

William Kirk, President of Washington Gun Law, is a legal expert who critically analyzes AB 28. He argues the bill constitutes a 'Second Amendment tax' and a step towards civilian disarmament, urging Governor Newsom to veto it on constitutional grounds.

What is the economic impact of California's AB 28?

Although AB 28 technically taxes retailers, the cost is expected to be passed directly to consumers. Gun stores operating on thin margins cannot absorb an 11% excise tax without increasing prices, making firearms and ammunition less accessible.

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