California violates the 2nd amendment by passing a law to put an 11% tax on guns, ammo and gun manufacturing.
California lawmakers approve 11% tax for guns and ammunition, bill now heads to Newsom
The tax, which would match the highest imposed by the federal government on guns, would pay for school safety improvements.
This will be an interesting legal fight to see play out. Especially the arguments.
As it least on the surface it can be argued. Since they aren’t directly impeding/forbidding the sale of firearms and ammunition to the civilian population. That this particular law is not technically an infringement on the 2nd Amendment. And that they are instead exercising a States right to regulate trade within state borders.
Conversely. It could be argued that it’s violating the spirit of the 2nd amendment and is indeed an infringement.
This was a surprising and unusually clever move by California. As it puts the more Libertarian elements who’d be willing to fight the hardest over it. In a bit of pickle.
As it would inevitably boil down to States Rights versus the 2nd Amendment. And a ruling either way will be a double edged sword for the more libertarian minded Conservatives as it would establish legal precedent that could and likely would be used to bludgeon them later.
Granted they could make radically different legal arguments. Those are just what stood out to me as the most obvious arguments either side could make in this case.