Over the previous few years, we’ve intently coated the subject of states putting a further punitive excise tax on firearms and ammunition, with federal lawmakers even introducing laws to make it unlawful for states to take action. California has a further 11% excise tax on weapons and ammunition, and Colorado not too long ago punished gun patrons by including a further 6.5% excise tax for weapons, ammo and equipment bought in that state.
Now, a distinguished gun rights group has had sufficient and is taking Colorado to court docket over its tax. On April 1 (and no this isn’t an April Idiot’s joke), the Second Modification Basis (SAF) introduced it had filed a lawsuit in Denver County District Court docket difficult the state’s further tax on weapons, ammo and equipment as an unconstitutional tax on the train of a elementary constitutional proper.
The case is Langston v. Humphreys, and SAF is joined within the motion by the Nationwide Rifle Affiliation, the Firearms Coverage Coalition, the Magnum Taking pictures Heart of Colorado Springs, the Colorado State Taking pictures Affiliation and Zachary Langston, a personal citizen.
“Colorado’s excise tax is unconstitutional underneath the USA Supreme Court docket’s choice in New York State Rifle & Pistol Affiliation v. Bruen (2022),” the grievance acknowledged. “The tax on the train of Second Modification rights implicates conduct protected by the Second Modification’s plain textual content by including to the price of buying a firearm. In the meantime, this infringement-by-taxation scheme is unsupported by this nation’s historical past and custom of firearm regulation. For that reason, Defendants can be unable to marshal widespread, relevantly related analogs from the Founding Period as required underneath the Supreme Court docket’s precedent to justify the taxation scheme.”
SAF Director Adam Kraut mentioned that the Colorado tax is clearly unconstitutional and must be challenged within the courtroom.
“Colorado’s new legislation impermissibly taxes an enumerated constitutional proper,” Kraut mentioned in a press launch saying the motion. “Not solely does the tax lack any foundation in our nation’s historical past and custom of firearms regulation, it violates Supreme Court docket precedent that states the train of constitutional rights can’t be focused by means of taxation. We sit up for vindicating the rights of all Coloradans who’re affected by this egregious try to sit back the train of Second Modification rights.”
For his half, Alan M. Gottlieb, SAF founder and govt vp, identified that even Congress is attempting to place a cease to states imposing further taxes on firearms.
“Federal laws to forestall this type of tax was launched simply days in the past in each the Home and Senate,” Gottlieb mentioned. “They’re calling it the Freedom from Unfair Gun Taxes Act, and grasping, anti-gun lawmakers in Colorado are in all probability at the least partly liable for such a invoice on Capitol Hill. You merely can’t tax the train of a constitutionally protected elementary proper.”
Finally, plaintiffs are asking the court docket for a declaratory judgment stating that Colorado’s 6.5% excise tax on firearms and ammunition violates the precise to maintain and bear arms secured by the Second Modification to the USA Structure and requesting a everlasting injunction enjoining Defendants from imposing assortment of the tax.
