Motion to Enjoin Unconstitutional California Firearm Tax Filed in FPC-Backed Lawsuit

April 13, 2026
4:16 am

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In a bold strike against California's relentless assault on the Second Amendment, the Firearms Policy Coalition (FPC) has filed a motion for summary judgment in the lawsuit *Poway Weapons & Gear v. CDTFA*, directly challenging the state's insidious 11% excise tax on firearms, ammunition, and even firearm precursor parts. Backed by powerhouse legal teams from Cooper & Kirk, PLLC, and Michel & Associates, P.C., plaintiffs Poway Weapons & Gear and Sacramento Gun Range are arguing that this tax isn't just burdensome—it's an unconstitutional revenue grab masquerading as regulation. Think about it: slapped on top of already sky-high California sales taxes and fees, this levy jacks up the cost of exercising a fundamental right by double-digit percentages, effectively pricing law-abiding citizens out of self-defense. It's the kind of stealth taxation that death-by-a-thousand-cuts enthusiasts in Sacramento love, but FPC isn't letting it slide without a fight. This motion elevates the case from a standard challenge to a potential knockout blow, seeking an injunction to halt enforcement immediately and summary judgment to declare the tax dead on arrival. Context matters here—California's already hemorrhaging gun businesses to freer states like Nevada and Arizona, where no such predatory taxes exist, and this lawsuit spotlights how excise taxes function as de facto bans. Remember the Supreme Court's *NYSRPA v. Bruen* decision? It demanded that gun laws align with historical traditions, and there's zero precedent for taxing arms out of existence in the Founding era. If successful, this could ripple nationwide, kneecapping similar schemes in anti-2A havens like New York or Illinois, and forcing politicians to fund their pet projects without nickel-and-diming the Bill of Rights. For the 2A community, the implications are electric: victory means lower barriers to ownership, a precedent against sin taxes on rights, and momentum for FPC's broader crusade. It's a reminder that vigilance pays off—donate, share, and stay locked and loaded legally. Watch this space; if the court bites, California's gun-grabbers just got outgunned.

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In a bold strike against California’s relentless assault on the Second Amendment, the Firearms Policy Coalition (FPC) has filed a motion for summary judgment in the lawsuit *Poway Weapons & Gear v. CDTFA*, directly challenging the state’s insidious 11% excise tax on firearms, ammunition, and even firearm precursor parts. Backed by powerhouse legal teams from Cooper & Kirk, PLLC, and Michel & Associates, P.C., plaintiffs Poway Weapons & Gear and Sacramento Gun Range are arguing that this tax isn’t just burdensome—it’s an unconstitutional revenue grab masquerading as regulation. Think about it: slapped on top of already sky-high California sales taxes and fees, this levy jacks up the cost of exercising a fundamental right by double-digit percentages, effectively pricing law-abiding citizens out of self-defense. It’s the kind of stealth taxation that death-by-a-thousand-cuts enthusiasts in Sacramento love, but FPC isn’t letting it slide without a fight.

This motion elevates the case from a standard challenge to a potential knockout blow, seeking an injunction to halt enforcement immediately and summary judgment to declare the tax dead on arrival. Context matters here—California’s already hemorrhaging gun businesses to freer states like Nevada and Arizona, where no such predatory taxes exist, and this lawsuit spotlights how excise taxes function as de facto bans. Remember the Supreme Court’s *NYSRPA v. Bruen* decision? It demanded that gun laws align with historical traditions, and there’s zero precedent for taxing arms out of existence in the Founding era. If successful, this could ripple nationwide, kneecapping similar schemes in anti-2A havens like New York or Illinois, and forcing politicians to fund their pet projects without nickel-and-diming the Bill of Rights.

For the 2A community, the implications are electric: victory means lower barriers to ownership, a precedent against sin taxes on rights, and momentum for FPC’s broader crusade. It’s a reminder that vigilance pays off—donate, share, and stay locked and loaded legally. Watch this space; if the court bites, California’s gun-grabbers just got outgunned.

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