Few things are more frustrating to lawful gun owners than politicians trying to fund one government program or another by placing additional taxes on them, even though they played no hand whatsoever in causing the problem being addressed.
Such is the case in Colorado where a ballot initiative would place an additional 6.5% excise tax on the retail sale of firearms, firearm parts and ammunition to fund domestic violence programs in the state.
According to a report in the Greeley Tribune, Colorado domestic violence services received 15,000 calls in a single day from victims requesting services. And next month voters will be voting whether or not to approve Proposition KK, which would fund those programs on the backs of gun and ammo purchasers.
If the ballot initiative passes, crime victim services, like district attorney’s offices, law enforcement and nonprofits, will receive most of the revenue—about $30 million—through grants to provide on-site crisis response, counseling, legal advocacy and emergency financial assistance. And while no gun owner would argue that those services aren’t important, it’s simply unfair to fund those programs by overtaxing gun owners.
Firearms and ammunition are already subject to an 11% federal excise tax through the Pittman-Robertson Act—of which the bulk goes to state wildlife agencies for conservation projects—along with a variety of other state and local taxes and fees. California is the only other state to have enacted a similar tax, with an additional 11% tax levied on firearms, gun parts and ammunition there.
The ballot initiative in Colorado is nothing more than what some would call a “sin tax” like that placed on items like tobacco products and alcoholic beverages. However, in this case, the only supposed “sin” being committed by Colorado gun owners is practicing their Second Amendment-protected right to keep and bear arms.
Some firearms retailers are speaking out against the tax, which they see as an attack on the right to keep and bear arms.
“It’s just another attack against the Second Amendment and a selected group of people,” Tim Brough, owner of Ault Ammo Depot, Rocky Mountain Shooters Supply in Fort Collins, told the Tribune. “It’s not like we’re taxing the whole population to solve a whole population’s problem. We’re taxing a small portion of the population to solve an issue.”
Along with being unjust, it’s likely the proposed Colorado tax is also unconstitutional under the 2022 Bruen ruling. And the Firearms Policy Coalition (FPC), National Rifle Association (NRA), Second Amendment Foundation (SAF) and California Rifle & Pistol Association (CRPA) have filed a lawsuit on the behalf of two individuals in the Golden State who were forced to pay the extra tax in an effort to get that state’s law struck down by the courts.
In the lawsuit, titled Jaymes v. Maduros, plaintiffs argue that the tax unconstitutionally targets gun owners for political purposes.
“Here, California effectively seeks the power to destroy the exercise of a constitutional right by singling it out for special taxation,” the complaint reads. “If this tax is permitted, there is nothing stopping California from imposing a 50% or even 100% tax on a constitutional right it disfavors—whether it be the right to keep and bear arms, the right to free exercise of religion or any other right.”
If the Colorado ballot initiative passes, it’s likely pro-gun groups will also be taking that tax scheme to court in the near future.
24th Amendment.
That pesky Constitution should never get in the way of a tax, said every liberal politician.
E-mail CO Legislators and demand one introduce a bill calling for a 99% Filth Tax on Gun Control organizations for feeding America an Agenda History Confirms is Rooted in Racism and Genocide.
I’m sure the upstanding fudds on this forum will do that…NOT.
That pesky Constitution should never get in the way of repressing freedom of speech, said Republican politician Donald Trump:
“Last year, Trump called for NBC News to be investigated for treason over its coverage of criminal charges he faces. After his lone debate with Vice President Harris this summer, it was ABC’s turn to face Trump’s wrath. Trump expressed anger over moderators’ decision to fact-check him. He popped up on Fox & Friends the next day with a warning.
“I think ABC took a big hit last night,” Trump said. “I mean, to be honest, they’re a news organization. They have to be licensed to do it. They oughta take away their license for the way they do that.”
When did they let you out of the rubber room ?
24th Amendment -“The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.”
Unfortunately, the 24th Amendment does not apply in this situation…because it has absolutely nothing to do with excise taxes on products.
Do not concur. It established that the ability to exercise rights may not be taxed.
“the ability to exercise rights may not be taxed“
Nope, The amendment addresses a particular Right, the very first sentence defines the subject Right guaranteed by the Amendment:
“The right of citizens of the United States to vote… “
SCOTUS says the primary authority is the actual text of the Constitution.
maybe they should call it proposition KKK,in honor of the org started by the democrats to keep the newly freed slaves from self defense.
No matter how many extra taxes they add, there will never be a black market for guns because guns are legal. That’s how it works, right?
May be a stupid question but are reloading components subject to Pittman-Robertson let alone all the other various state tax schemes for firearms/ammo?
No, only ready-to-use shotgun shells and cartridge ammunition. No FAET on components. I would guess that powder, primers, and bullets for muzzleloaders are also exempt. If you reload for your own use, no FAET. If you reload and then sell the reloaded ammunition, you may have to pay FAET if you qualify as a manufacturer and you supply the components.
See section III,E for the applicable definition of Ammunition Reloader:
https://www.ttb.gov/firearms/reference-guide
I wonder who gets the super turbocharged egregiously high hazmat money…
Not NY…….. directly anyway. Federal bailouts and hopes/dreams are about all keeping us afloat lately especially with some of the more recent initiatives giving illegals free healthcare.
“…are reloading components subject to…”
Hmm, I had posted an answer yesterday that discussed this, and included a link to the BATFE page that discusses the FAET tax. Lost in the ether.
Short answer is no. The tax applies to ready-to-use ammunition that is sold commercially, and is payable at the manufacturer level. There are some twists, but it would generally apply to reloaded ammo only if the reloader supplied the components and then sold the ammo as a commercial venture (thus being a manufacturer of ammunition).
h ttps://www.ttb.gov/firearms/reference-guide
Well.
Weed is legal in Colorado. They made it legal. But it still has a thriving black market there???
CO is (I assume) a net exporter to states where Prohibition still rules supreme. That, and an expensive tax/regulatory scheme guarantee a black market, in any society not entirely totalitarian…
Or even one that is.
Corn is about as hard to grow as pot. Maybe harder. Corn was 11$ per 50 lbs at WMT last I looked. So pot could sell at 11$ per 5 lbs, and leave plenty room over cost of production for taxes and regs.
Anyone who complains about drug/turf crime/violence AND wants to live in a free society, needs to get off their ass and end Prohibition.
Certainly is one in California because..wait for it..Sacramento got greedy and set the taxes far higher than they should have AND there are multiple entities taking a bite of the apple all along the supply chain.
@DrewN
CA has been counting on black market money for nearly a century. The high tax scheme is no accident.
There used to be a guy on the corner who chanted “lids, acid, speed” all day. If you wanted something he did not have on him, he would direct you to a large frame house with a crowded waiting room…
If you went to a big name rock concert, there would be naked 13-15 yo girls toting 10 gallon clear bags filled with thousands of doses of “lsd” circulating through the crowd – passing it out free.
Rentacops standing 6 ft away studiously ignoring everything.
CA dreaming. Panthers and Weathermen were heroes. They were gonna win it all for Marx. To quote a soon-to-be USDA in law school at the time “No way we’ll get rid of the rednecks if we dont get the guns.” Kam was maybe 3 yo at the time.
They legalized weed in CA too. It was going to save the state budget deficit with all the tax revenue coming in. However, they taxed it so much that it’s cheaper to buy from your local black market dealer than the state licensed stores. People just save the packaging to “prove” it was legally purchased then fill with illegal weed. There already was a black market distribution network anyway. Laws of economics. Same with ammo. You have a 11% federal excise tax plus the state 11% sin tax plus regular sales tax plus the background check fees. This is why people just buy out of state and bring it home (which is unconstitutionally illegal per CA law anyway)
Like I said before. I’ve been saying on TTAG for years now. The dr.u-g le.g.aliz-ati-on cro-wd are s0ci.@lis-ts, pr0gr-ess.!ve in their p0li.tic’al [email protected].
The idea that libertarians are just a bunch of republicans, who want to smoke dope. They have not been that in decades.
The s.o.c-ia.lis.t pro”gres.se”s, the co.mm.un.ist, and the fa.cis.ts, took over the “marijuana flag.”
Their battle cry was., “Let’s make it legal and tax it like tobacco. So the government can make a lot of money.”
As I Said before. Go ahead make it legal. I hope they all go to prison for income tax evasion. They can all be hoisted onto their own petard. Since they claim they love paying taxes so much.
Guns are legal. Weed is legal in several states. And the black market for both is huge still.
The le-g.aliz.ati’o.n cr.ow.d have always supported raising taxes. They just thought they never had to pay them.
“No matter how many extra taxes they add, there will never be a black market for guns because guns are legal. That’s how it works, right?”
Yes, but keep that to yourself, or the feds will find a way to tax the black market. First by requiring a federal registry of black market sellers, then a registry of those who buy on/from the black market.
And the more successful black market sellers will be charged a “protection” fee by the feds to keep smaller distributors to a minimum…
Excuse me a minute, my lights just went out and there’s a knocking at my door and me cellular servi.*&c.. $#. .. …
“Excuse me a minute, my lights just went out and there’s a knocking at my door and me cellular servi.*&c.. $#.”
“Fellas, it’s been good to know ya’ “
How about a 7.62% tax on politicians
I see what you did there.
Times 63 please.
You got me on that one. I had to look it up.
Speaking of ballots, I’ve lost my voter registration card. Could someone here tell me how to say “I’m here to vote.” in Spanish?
Por favor, llame a la policía de inmigración.
Touché. Although these days, they’ll just give him a debit card and a ticket to Small Town, USA.
He’ll need picture ID. A selfie with the free phone should do it.
I remember Colorado when it wasn’t L.A. East. Guess everything eventually disolves into nothingness.
Yes, the Kalifornication of America is progressing nicely.
CArizona is over with
Dust to dust….freedom to slavery…..
7
I’d suggest a 1000% sin tax, but it should only be applied to criminals who buy guns and ammo.
There can be a box on the form “Are you currently wanted for a felony involving a firearm” or “Are you wanted in a red state for a gun crime”. Can’t use blue state gun crime stats since all it takes to be guilty of a gun crime in a blue state is basically “ownership”.
Then, any who check those boxes can pay a 1000% surcharge.
Totally fair.
Money keeps the guns out of hands of the less then wealthy.
That’s the plan.
In actuality all these taxes and laws do is make it more difficult for a law abiding person to acquire the means to protect themselves from those whom do not care about laws or taxes.
How about taxing fire extinguishers, first aid kits, door locks, alarm systems and surveillance eguipment, garage doors, dogs, ….
Oh, and rain, don’t forget rain – Co. spends millions every year investigating and enforcing water rights to the extent you sometimes can’t even keep what ends up in a rain barrel, as someone 150 miles away has a 150 year-old claim on it. And everything is on the up and up, wink-wink nudge-nudge.
Mandatory liability insurance for Chihuahua owners. Those li’l suckers are dangerous.
Heard at the dog license counter:
Black Lab? That’ll be $20.
Staffordshire? $20 please.
Beagle? You hunt him? 20 bucks.
Rat dog? One thousand forty-two, cash only.
Yeah, I think I could live with that.
When h.0m.0sex.u@ls and ath.eist.s take over your city or state, like Colorado you need to move.
That’s right I said it.
And if you feel you have to move, because blacks move in, or they take over politically.
Then you need to move. For the same reasons when the gays show up.