this post was submitted on 26 Sep 2023
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California will double the taxes on guns and ammunition and use the money to pay for more security at public schools and various violence prevention programs under a new law Gov. Gavin Newsom signed Tuesday.

The federal government already taxes the sale of guns and ammunition at either 10% or 11%, depending on the type of gun. The law Newsom signed adds another 11% tax on top of that — making it the only state with its own tax on guns and ammunition, according to the gun control advocacy group Brady.

Newsom — a potential Democratic candidate for president beyond 2024 — has a reputation as one of the country’s most liberal governors. But he has often refused to raise taxes, even for causes he supports like combating climate change.

But it would have been difficult for Newsom to veto this tax increase, given his outspoken support for gun restrictions at the state and national level. Newsom is in the middle of a national campaign to amend the U.S. Constitution to restrict gun sales to people over 21, require extensive background checks, impose a waiting period for purchases and ban the sale of assault-style weapons. Restrictions like that are in place in some states, but not in the Constitution.

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[–] BaroqueInMind@kbin.social 28 points 1 year ago (3 children)

I'm pro gun and pro military.

I think this bill is genius and I am okay with paying more on my ammo and guns to fund anything related to public schools.

[–] ryathal@sh.itjust.works 14 points 1 year ago (1 children)

Given past behavior with government this doesn't help schools, it just let's the government spend less out of the general fund for schools. It likely won't be a net increase in funding.

[–] SHOW_ME_YOUR_ASSHOLE@lemm.ee 12 points 1 year ago (1 children)

I disagree on the grounds that it prices out poor people. The 2nd amendment is for everyone and it shouldn't be prohibitively expensive to exercise your right to bear arms.

It's already expensive to train and increasing that cost means more people won't be able to train appropriately. Personally I'd prefer firearms training to be as cheap as possible so that anyone who chooses to own a gun can practice and be safe with it.

[–] bookmeat@lemm.ee 7 points 1 year ago

It's brilliant. Let's hope the taxes are actually spent as intended.

[–] sudo22@lemmy.world 1 points 1 year ago* (last edited 1 year ago)

"But he acknowledged many of these laws might not survive legal challenges"

How is this not grounds for some form of punishment? Politicians shouldn't be able to write laws even they acknowledge are illegal, gun law or otherwise?

[–] sudo22@lemmy.world 0 points 1 year ago (1 children)

This title and focus of this article is weird.

"California will ban people from carrying firearms in most public places" and then it goes on about the tax.

I feel like the carry ban is a far larger story then the tax. Not just because its blatantly unconstitutional but it directly opposes very recent rulings from the highest court in America

[–] tryptaminev@feddit.de 1 points 1 year ago (1 children)

How is it "blatantly unconstitutional"? The right to bear arms seem to be only in conjunction with a well regulated militia. Something that yet has to be found in the USA. And a well regulated militia would not run about their daily business with a gun ready to murder the next cop passing by, because he eyed them weirdly.

[–] sudo22@lemmy.world 5 points 1 year ago

SCOTUS ruled it unconstitutional a last year.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"

Arms are a "right of the people" not the militia. A militia is a result of, not a prerequisite for, the right to bear arms. "well regulated" doesn't mean government regulation it means well armed, supplied, and trained

[–] jeremy_sylvis@midwest.social -3 points 1 year ago (1 children)

I see Newsom is going for the "stricken down as unconstitutional" high score. I wonder how long it'll be until we see this one going to Benitez...

[–] treefrog@lemm.ee 12 points 1 year ago (2 children)

The feds tax 10% according to the blurb posted with the article. So I fail to see how a state doing it infringes on 2A unless the tax is unreasonably high.

Which it's not.

[–] sudo22@lemmy.world 11 points 1 year ago* (last edited 1 year ago) (2 children)

Literally read the first half of the first sentence. "California will ban people from carrying firearms in most public places"

SCOTUS point blank ruled this unconstitutional in the Bruen decision, specifically pointing out banning carry in most public places is unconstitutional.

FFS even he acknowledges what hes doing is unconstitutional "But he acknowledged many of these laws might not survive legal challenges".

[–] treefrog@lemm.ee 5 points 1 year ago (1 children)

My bad on that. I was just having a debate in another thread with someone on the tax aspect of this new laws so that's where my mind went when I read your comment.

[–] sudo22@lemmy.world 5 points 1 year ago

No worries. I've done that on lemmy more then once lol

[–] mctoasterson@reddthat.com 2 points 1 year ago (1 children)

Their magazine ban just got tossed out (again) and will likely be appealed but is pretty much destined to be tossed out on Bruen grounds. Their carry bill will probably also get tossed but it may take a while. The tax might stick. If I were prognosticating I'd say they'll eventually try something like "1000% tax on every gun except single shot .22 rifles" and that would presumably be tossed out for its chilling effect, but who knows.

[–] sudo22@lemmy.world 4 points 1 year ago

In a way I'm rooting for California. The more gun laws they get appealed all the way to SCOTUS, the more national precedent gets set that these laws are illegal in the whole country.

[–] jeremy_sylvis@midwest.social 1 points 1 year ago* (last edited 1 year ago)

Sure.

Do you think that's likely to prevent it from being fought, construed as arbitrary and capricious, and in front of Benitez?

This is the era of partisan dick swinging, after all.