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Can the State Tax Your Rights Away? California’s 11% Gun Tax Heads to Court

A major legal battle is underway in California that could determine whether politicians can tax the Second Amendment out of existence.

Gun dealers in the Golden State have filed a motion for summary judgment seeking to strike down California’s 11% excise tax on firearms, ammunition, and related items, arguing the law is a direct violation of the Constitution.

Their argument is simple: the government cannot single out a constitutional right and slap a tax on it.

If the courts agree, the implications could ripple far beyond California.

California: The Testing Ground for Gun Control

For decades, California has served as the incubator for the radical left’s gun confiscation agenda.

Policies are pushed through in Sacramento firstthen exported across the country once they’ve been tested and refined.

From magazine bans to registration schemes, and now targeted taxes on gun ownership, California lawmakers are constantly looking for new ways to chip away at the Second Amendment without outright bans.

The 11% gun and ammo tax is just the latest example — a financial chokehold designed to make exercising your rights more expensive, and ultimately out of reach.

A Targeted Tax Designed to Fund the Gun Confiscation Machine

The details of California’s law make it even worse.

The 11% tax doesn’t replace existing taxes,it stacks on top of them, meaning gun owners are hit with multiple layers of taxation on the same purchase.

Even more concerning, the revenue is funneled into a dedicated “Gun Violence Prevention and School Safety Fund,” bankrolling gun control programs, enforcement efforts, and so-called “violence prevention” initiatives.

In other words, law-abiding gun owners are being forced to fund the very agenda aimed at restricting their rights.

The law also goes beyond taxation.

It creates a regulatory enforcement scheme requiring firearm businesses to comply with strict state oversight — giving bureaucrats the power to revoke licenses and shut down operations over compliance issues.

This isn’t just a tax.

It’s a financial and regulatory weapon.

The Legal Argument: You Can’t Tax a Constitutional Right

The lawsuit challenges California’s law on the grounds that it targets protected conduct—the purchase of firearms and ammunition.

Citing Supreme Court precedent, the plaintiffs argue that the Second Amendment is a fundamental right, and that right includes the ability to acquire firearms and ammunition

The government cannot simply impose special taxes on constitutional rights like speech, religion, or voting.

The warning is clear: if California can get away with an 11% tax today, what’s stopping them from raising it to 20%, 50%, or even 100% tomorrow?

Why This Fight Matters for Texas

What starts in California doesn’t stay in California.

The same anti-gun playbook — regulate, restrict, then price out gun ownership — is already being pushed in other states.

That’s exactly why Texas Gun Rights is taking the opposite approach.

Instead of playing defense, TXGR is pushing to eliminate every tax on firearms, ammunition, and accessoriesbecause exercising a constitutional right should never come with a price tag.

Last year, State Representative Benjamin Bumgarner filed HB 920, which would have done exactly thatabolishing Texas sales tax on guns, ammo, and related gear entirely.

The bill failed to advance.

But the fight is far from over.

“You Don’t Pay a Tax to Speak — You Shouldn’t Pay One to Bear Arms”

Texas Gun Rights President Chris McNutt made it clear where he stands:

“California is showing exactly how the gun confiscation lobby operates. They can’t always ban your rights outright, so they try to tax them into oblivion. That’s why we’re fighting to eliminate every tax on firearms, ammunition, and accessories here in Texas. You don’t pay a tax to speak freely, and you shouldn’t pay one to defend yourself.”

But this lawsuit could set a critical precedent.

If the courts strike down California’s tax, it could shut the door on one of the most dangerous strategies being used against gun ownersusing financial pressure to erode constitutional rights.

But if the tax survives, don’t expect it to stay confined to one state.

The blueprint will spreadAnd gun owners across the country will feel the impact.

Chip in $25 to Texas Gun Rights below to help eliminate taxes on gun ownership and defend the Second Amendment.

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