A major legal battle over the price of self-defense reached a boiling point today as the Second Amendment Foundation (SAF) moved to shut down California’s 11% excise tax on guns and ammo.
The group filed a motion for summary judgment in the case of Poway Weapons & Gear v. Gonzales, asking a judge to scrap the tax without a full trial.
Since July 2024, California has enforced Assembly Bill 28, a law that adds a steep 11% tax to every firearm, precursor part, and box of ammunition sold by licensed dealers.
While the state argues the money is needed for violence prevention, groups like Poway Weapons & Gear and the Sacramento Gun Range argue it’s an unconstitutional barrier designed to price people out of their rights.
“Fundamental rights cannot be hidden by the state behind a paywall,” said Bill Sack, SAF Director of Legal Operations. Sack argued that the Supreme Court has already ruled that constitutional rights can’t be singled out for special taxes. “The power to tax is exactly that—the power to make unavailable. The present tax rate itself is immaterial; the authority to tax a fundamental right at 11% is the authority to tax it 150%.”
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The legal motion filed today claims the tax falls “squarely within the protections of the Second Amendment,” arguing that the right to bear arms is meaningless if citizens can’t afford to acquire them.
The SAF insists that the Second Amendment is not a “second-class right” and should be treated with the same protections as free speech or religious exercise.
Alan M. Gottlieb, SAF founder and Executive Vice President, warned that if California wins, other states will likely follow suit.
“California taxes gas to dissuade people from driving and cigarettes to dissuade people from smoking,” Gottlieb said. “It’s no secret what the state is doing here: taxing guns to dissuade people from exercising their rights.”
The court must now decide if the tax is a legitimate government fee or an illegal “toll” on a constitutional guarantee. If the motion for summary judgment is granted, the tax could be halted immediately, sending shockwaves through state houses across the country.
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