AB-28 Firearms and Ammunition: Excise Tax... Signed 9/26/23

[TrappedinCalifornia]

For full update, see Post #220, page 6.

There was a short thread on this in December 2022... 2023 AB 28 (Gabriel) New Gun Tax

Now, it's back in the news... California Democrats have long failed to tax guns, ammunition. Could this year be different?

California Democrats have long struggled make headway on one gun safety measure: a state excise tax on firearms and ammunition.

Gun control advocates say 2023 could be the year legislators finally make it happen.

Lawmakers have tried at least six times in the last 10 years to tax guns and ammunition in some form. Assemblyman Jesse Gabriel, D-Woodland Hills, picked up the mantle this year by authoring Assembly Bill 28.

It would levy an 11% state excise tax on sales from firearm and ammunition dealers, manufacturers and vendors. The estimated $159 million in revenue for 2024-2025 would fund violence prevention programs...

Like all tax measures, AB 28 will require a two-thirds vote in the Assembly and Senate. Gabriel received 56 votes in the Assembly, two more than he needed. It will need 27 senators for legislative approval...

Just remember, the 24th Amendment specifically talks about poll taxes (or any other taxes) when it comes to voting for President, Vice-President, Senator, or Representative. It doesn't say anything about an 'excise' tax on dealers, manufacturers and vendors rather than 'the public' (and failure to acknowledge that the tax will be passed on to consumers is nit-picking, sheesh), something which Lt. Waters (Tears of the Sun) obliquely referenced as... "for our sins"...



In other words, the State has a budget deficit, the State Democrats don't like guns; thus, it's a two-fer, meaning it's the 'right thing' to do... uh... right?

[TruOil]

So the base sales tax of 7.25% is not levied on guns and ammo? Did I miss the memo?
What about the additional amount included in the transaction fee (DROS) levied by the State for the BGC plus amounts for "gun violence prevention"? did they forget about that? If this excise tax is really for the avowed purpose, is there a separate fund or is it deposited in the general fund from where it can be diverted for other uses?

[TrappedinCalifornia]

Originally Posted by TruOil

So the base sales tax of 7.25% is not levied on guns and ammo? Did I miss the memo?
What about the additional amount included in the transaction fee (DROS) levied by the State for the BGC plus amounts for "gun violence prevention"? did they forget about that? If this excise tax is really for the avowed purpose, is there a separate fund or is it deposited in the general fund from where it can be diverted for other uses?

Now, now.

One simply does not ask questions when Democrats push an agenda item.

Forcing them to answer would be... inconvenient... for them, enlightening for us, and meaningless to California voters.

[boltstop]

Maybe they should try enforcing the laws on the books and locking up gangbangers for a very long time instead of letting them out after a fraction of their already very light sentences.

That would reduce violence for sure.

[Oneaudiopro]

Originally Posted by boltstop

Maybe they should try enforcing the laws on the books and locking up gangbangers for a very long time instead of letting them out after a fraction of their already very light sentences.

That would reduce violence for sure.

^^^^^^^^^^THIS^^^^^^^^

[Squatch]

I wish a MAGA extremist would've challenged Newsom. Would've been glorious to watch.

Sent from my SM-S906U using Tapatalk

[AlmostHeaven]

Originally Posted by Squatch

I wish a MAGA extremist would've challenged Newsom. Would've been glorious to watch.

In what way would this have been "glorious" whatsoever? I'm no liberal; you can go browse my rich history of blasting Democrats. Running MAGA in California is like running a progressive in Iowa. Democrats win by 29 points instead of only 24. Just look at the 2021 recall.

https://en.wikipedia.org/wiki/2021_C...ecall_election

[Scratch705]

So i heard this passed today? Or did I read wrong

[riderr]

Fed already charges 10% excise tax on each firearm. It's included in the price. So, another tax now?

[chris]

Originally Posted by riderr

Fed already charges 10% excise tax on each firearm. It's included in the price. So, another tax now?

The Pittman-Robertson Act actually is a tax that goes for conservation and hunting across the country. Each state gets money from that every year.

This is a punitive tax to discourage people in buying or using firearms in a lawful manner. It has nothing to with the BS they advertised it as.

[BAJ475]

Originally Posted by chris

The Pittman-Robertson Act actually is a tax that goes for conservation and hunting across the country. Each state gets money from that every year.

But I am not a hunter. So why should I be taxed on my firearms purchases that are not for hunting? Aren't they taxing my right to keep and bear arms for different lawful purposes? I do have a hunting license. It came at no cost with my fishing license and who knows when I might have to shoot some critter for which a hunting license is required.

This is a punitive tax to discourage people in buying or using firearms in a lawful manner. It has nothing to with the BS they advertised it as.

The fortunate part is that I live in Idaho where such taxes are prohibited by the State's Constitution, as they should be in every other state. So no one gets the wrong impression, I do support hunters because we need all of the gun people and hunters are generally gun people, except for that POS Mike Thompson from California's Fourth Congressional District.

[DolphinFan]

Don?t we have to vote on direct taxes?

[Scratch705]

Originally Posted by DolphinFan

Don?t we have to vote on direct taxes?

But see it wasn't a direct tax. It is a tax upon seller / manufacturer.

This is how they are circumventing it.

[chris]

Originally Posted by Scratch705

But see it wasn't a direct tax. It is a tax upon seller / manufacturer.

This is how they are circumventing it.

We all know this will be passed onto the consumer.

[Big Chudungus]

https://boards.4chan.org/pol/thread/440599582

4chan says same thing was ruled unConstitutional in Illinois recently.

I'm surprised they don't go for Cigs level of tax. Maybe they figure if they start small it could squeak by.

Says will fund Security at schools. I do some Security but no thanks, for a few reasons. Seems like a lot of work and not enough if any down time to work on laptop. Another one of those "Uh, could you, with no real authority to do anything, instantly reverse the effects of several generations and trillions of tax dollars of our Social Engineering mistakes? Thx, that would be great!" jobs.

woops, someone please move to this thread https://www.calguns.net/calgunforum/....php?t=1876620

[DentonandSasquatchShow]

FGN!

[chris]

Breaking news Water is wet. No surprise.

[9Cal_OC]

https://www.calguns.net/calgunforum/....php?t=1876620

[abinsinia]

Video on AB-28

https://www.senate.ca.gov/media/sena...20230907/video

Starts at minute 48 ..

[middleofnowhere]

AB 28, which will impose an 11% excise tax on the sale of all guns and ammunition in California passed the Senate with the minimum of 27 votes needed for a 2/3rds majority. This afternoon, AB 28 was rushed to the Assembly for concurrence and the bill passed off the Floor with 54 votes. The bill is now on the Governor’s desk.

Thank you to everyone who reached out to your legislators opposing this legislation.

[chris]

Originally Posted by middleofnowhere

AB 28, which will impose an 11% excise tax on the sale of all guns and ammunition in California passed the Senate with the minimum of 27 votes needed for a 2/3rds majority. This afternoon, AB 28 was rushed to the Assembly for concurrence and the bill passed off the Floor with 54 votes. The bill is now on the Governor?s desk.

Thank you to everyone who reached out to your legislators opposing this legislation.

Thanks to the legislators who probably ignored everyone who reached out. Don't bother calling Newsom he'll sign it anyway as he has signed every gun control law that has reached his desk. I think he's close to 30 gun laws signed into law.

[prob]

Originally Posted by chris

Thanks to the legislators who probably ignored everyone who reached out. Don't bother calling Newsom he'll sign it anyway as he has signed every gun control law that has reached his desk. I think he's close to 30 gun laws signed into law.

Anyone who wastes their time and energy contacting their so-called representatives regarding gun control issues hasn?t yet begun to understand that the ONLY thing that accomplishes is to provide arousal to our overlords as they, in essence, watch you beg and simper while you kiss their ring.

You know they?ll never accede to your wishes, so why do it? Don?t give them the satisfaction.

I stopped calling and writing many years ago.

[9Cal_OC]

Originally Posted by prob

Anyone who wastes their time and energy contacting their so-called representatives regarding gun control issues hasn?t yet begun to understand that the ONLY thing that accomplishes is to provide arousal to our overlords as they, in essence, watch you beg and simper while you kiss their ring.

You know they?ll never accede to your wishes, so why do it? Don?t give them the satisfaction.

I stopped calling and writing many years ago.

Yep, that’s the prob right there… people think these legislators give a rats *** about what we think… especially in a deep blue district.

[chris]

It will be passed and signed into law. Then it will languish in court for decades all the while fleecing people of this state and destroying gun ownership via excessive taxation.

This is a win to price the poor out of self defense and 2A rights. Think they care they don't. They don't care if this could be a poll tax on an enumerated right doesn't matter it will have the force of law for years to come.

[chris]

Typical Democrat nonsense. Lets make innocent people pay for the actions of criminals.

Who wants to guess this money will somehow end up in the general fund and spent on who knows what.


Wintermute just had hard on when this was passed and will definitely jerk off when Newsom signs it.

[timberwoofers]

Anyone know what the time line would be if (when ) newscum signs it when this will affect prices?

[Dvrjon]

Originally Posted by timberwoofers

Anyone know what the time line would be if (when ) newscum signs it when this will affect prices?

2023
12 Days after reaching Governor's desk before Sept 14.

Oct. 14: Last day for Governor to sign or veto bills passed by the Legislature on or before Sept. 14 and in his possession after Sept. 14 (Art. IV, Sec.10(b)(1)).
2024

Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)).

The Gov will have a signing activity where he gathers the usual suspects and signs all of the glorious sensible gun control acts passed this year.

[timberwoofers]

Originally Posted by Dvrjon

2023
12 Days after reaching Governor's desk before Sept 14.

Oct. 14: Last day for Governor to sign or veto bills passed by the Legislature on or before Sept. 14 and in his possession after Sept. 14 (Art. IV, Sec.10(b)(1)).
2024

Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)).

The Gov will have a signing activity where he gathers the usual suspects and signs all of the glorious sensible gun control acts passed this year.

Thank you I appreciate it.

[Supersapper]

Originally Posted by timberwoofers

Thank you I appreciate it.

Basically means you have until then to "pull the trigger" on anything you want to buy before the prices get out of hand even worse.

[timberwoofers]

Originally Posted by Supersapper

Basically means you have until then to "pull the trigger" on anything you want to buy before the prices get out of hand even worse.

Yes, I understand. Wanted to make sure I had the timeline. Might have a few extra things under the tree this year.

[middleofnowhere]

Originally Posted by Dvrjon

2023
12 Days after reaching Governor's desk before Sept 14.

Oct. 14: Last day for Governor to sign or veto bills passed by the Legislature on or before Sept. 14 and in his possession after Sept. 14 (Art. IV, Sec.10(b)(1)).
2024

Jan. 1 Statutes take effect (Art. IV, Sec. 8(c)).

The Gov will have a signing activity where he gathers the usual suspects and signs all of the glorious sensible gun control acts passed this year.

My apologies for this ignorant question: Are you saying this new tax would take effect on January 1st, 2024?

[Dvrjon]

Originally Posted by middleofnowhere

My apologies for this ignorant question: Are you saying this new tax would take effect on January 1st, 2024?

Yes.

[michaelh1951]

Originally Posted by Dvrjon

Yes.

My information say July 1, 2024, not January 1



LEGISLATIVE COUNSEL'S DIGEST

AB 28, as amended, Gabriel. Firearms and ammunition: excise tax.
Existing law establishes the California Violence Intervention and Prevention (CalVIP) Grant Program, administered by the Board of State and Community Corrections, to award competitive grants for the purpose of violence intervention and prevention.
Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges.
This bill, the Gun Violence Prevention, Healing, and Recovery Prevention and School Safety Act, would, commencing July 1, 2024, impose an excise tax in the amount of 11% of the gross receipts from the retail sale in this state of a firearm, firearm precursor part, and ammunition, as specified. The tax would be collected by the state pursuant to the Fee Collection Procedures Law. The bill would require that the revenues collected be deposited in the Gun Violence Prevention, Healing, and Recovery Prevention and School Safety Fund, which the bill would establish in the State Treasury. The bill would require the moneys received in the fund to be used to fund various gun violence prevention, education, research, response, and investigation programs, as specified. The bill would require the Director of Finance to transfer, as a loan, $2,400,000 from the General Fund to the California Department of Tax and Fee Administration to implement these provisions, as specified. The bill would require each licensed firearms dealer, firearms manufacturer, and ammunition vendor to register with the department for a permit, certificate, as specified, and would, commencing on July 1, 2024, prohibit a licensed firearms dealer, firearms manufacturer, or ammunition vendor to operate without a valid permit, as specified. The bill would also provide procedures for the issuance, revocation, and reinstatement of a permit.
This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: YES

[ProfChaos]

And then lawsuits come and the courts will throw out cause of no standing until it goes into effect. Then the courts will slow roll and allow the tax to stay in place to maintain the "status quo".

[AlmostHeaven]

The number will be 11% today, 22% tomorrow, and 220% eventually. Just look at tobacco excise taxes.

[michaelh1951]

It kicks in July 1 2024.

And...surprise...active and retired cops are exempt

[Scratch705]

Originally Posted by michaelh1951

It kicks in July 1 2024.

And...surprise...active and retired cops are exempt

Private sales of Ammo, gun parts and firearms from this special group if they really support the 2a should be cheaper than retail.

But how are they going ro exempt them if the excise tax is levied on the business level / upstream of the buying process? They are going to mail out a discount card for them to use?

[Dvrjon]

Originally Posted by ProfChaos

And then lawsuits come and the courts will throw out cause of no standing until it goes into effect. Then the courts will slow roll and allow the tax to stay in place to maintain the "status quo".

Pre-enforcement litigation is a real thing.

[RacerAV]

Very true... hope they are already on it!

[Flight4]

99.99% of firearms are not used in crimes or violence. CA politicians and any idiot member of the public who support this tax have turned this upside down and inside out. A tax on the thing that doesn't cause the problem to fund programs that mitigate the problem, simply because they have the term "gun" in common.

Analogies?

A tax required to be paid on every book, magazine, newspaper and website. Funds to be used for prevention of obscenity and defamation, and to provide counseling of victims thereof.

A mandatory tax on every church attendee. Funds to be used for educational and intervention programs against violent or illegal cults.