The 11% Gun Tax Lawsuit Got a Surprising Ruling

Published on June 11, 2026
Duration: 16:29

This video discusses a significant ruling in the lawsuit challenging California's 11% excise tax on firearms and ammunition, known as Assembly Bill 28. CRPA President Chuck Michelle explains the court's decision, which, while not fully overturning the tax, allows the case to proceed by granting leave to amend the complaint. The ruling touches upon the Bruin test, derivative standing for retailers, and the controversial 'meaningful constraint' test, highlighting the ongoing legal battles for Second Amendment rights in California.

Quick Summary

A recent ruling in California allows a lawsuit challenging the state's 11% excise tax on firearms (AB 28) to continue. The court acknowledged 'derivative standing' for retailers and granted leave to amend the complaint, focusing on the 'meaningful constraint' test, which critics argue is a flawed legal standard.

Chapters

  1. 00:00Introduction: Movement on the 11% Gun Tax Lawsuit
  2. 00:21The Lawsuit: Poway Weapons and Gear v. California Tax Board
  3. 00:43Guest Introduction: Chuck Michelle of CRPA
  4. 00:53Call to Action: Like, Share, Subscribe
  5. 01:17Court Ruling Excerpt: Bruin Test Application
  6. 02:06Disposition: Demurrer Sustained in Part, Leave to Amend Granted
  7. 02:58Explaining 'Demurrer' in Court Speak
  8. 03:24The State's Arguments: Standing and Meaningful Constraint
  9. 03:59Tentative Rulings and Oral Arguments
  10. 04:41The 'Meaningful Constraint' Test Explained
  11. 04:57Critique of the 'Meaningful Constraint' Test
  12. 05:34Comparison to Interest Balancing and Undue Burden
  13. 06:04Ancillary Rights and Retailer Standing
  14. 07:41Procedural Roadblocks in Tax Litigation
  15. 08:50Battle Plan: Amending the Complaint
  16. 09:27Next Steps: Demurrer, Oral Argument, Pleading Stage
  17. 09:56Conclusion and Call to Action

Frequently Asked Questions

What is the significance of the recent ruling on California's 11% gun tax?

A Sacramento court has allowed the lawsuit challenging California's 11% excise tax on firearms (AB 28) to proceed. While the court did not immediately strike down the tax, it granted plaintiffs leave to amend their complaint, focusing on the 'meaningful constraint' test.

What is the 'meaningful constraint' test in the context of Second Amendment law?

The 'meaningful constraint' test is a legal standard, criticized as a creation of the Ninth Circuit, that requires plaintiffs to show a significant impact on Second Amendment rights to proceed with a challenge. Critics argue it's a way for the government to avoid historical analysis required by the Bruin decision.

Can firearm retailers challenge taxes like California's 11% gun tax?

Yes, firearm retailers can challenge such taxes, often through 'derivative standing,' meaning they assert the Second Amendment rights of their potential customers. The court acknowledged this principle in the Poway Weapons and Gear lawsuit.

What are the next steps for the lawsuit against California's 11% gun tax?

The plaintiffs must amend their complaint by June 25, 2026, to better articulate how the 11% excise tax imposes a 'meaningful constraint' on the right to keep and bear arms. Following this, the state will likely file another demurrer, leading to further legal proceedings.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from CRPA TV

View all →