Welcome to a weekly series here on Pew Pew Tactical dedicated to the gun news you need to know.
So, keep reading for this week’s notable news headlines…
Table of Contents
Loading…
11% Tax on Guns, Ammo Challenged in Court
California’s 11% tax on guns and ammo might have hit a snag as residents and pro-gun groups challenged the legislation in court.
Assembly Bill 28, signed by Gov. Gavin Newsome in September 2023, levied an 11% excise tax on the sale of firearms, ammunition, and parts. While the measure was applauded by the likes of Everytown and Giffords, gun rights groups argued that the bill is unconstitutional and intrudes on Second Amendment rights.
“The power to tax is literally the power to destroy,” Second Amendment Foundation Executive Director Adam Kraut said in a press release.
“Assembly Bill 28 gives the State of California the power to destroy the exercise of a right protected by the Constitution by singling it out for special taxation. If allowed to stand, this tax could be expanded, and California could ultimately impose similar excise taxes on other constitutional rights it dislikes. This will not stop with a tax on the right to keep and bear arms.”
The challenge, James v. Maduros, was filed in the San Diego County Superior Court with SAF, California Rifle & Pistol Association, National Rifle Association, and the Firearms Policy Coalition teaming up with plaintiffs Joshua Gerken and Danielle Jaymes. Gerken and James purchased guns and were forced to pay the new tax. The Director of the California Department of Tax and Fee Administration, Nicolas Maduros, is named the defendant in the case.
Attorneys for the plaintiff are asking the court to permanently enjoin the state from enforcing Assembly Bill 28.
Supreme Court Refuses Illinois Assault Weapons Ban Challenge For Now
Despite taking up a couple of gun cases this year, the Supreme Court opted out of hearing a challenge on Illinois’ new “assault weapons ban” enacted in 2023.
HB5471 – originally intended to regulate insurance adjusters – was amended in a lame-duck session to add over 100 pages of gun regulation, including a measure halting the sale of semi-automatic firearms labeled “assault weapons.” It also mandated that current owners of banned guns register their firearms with state police.
The measure was met with ire from the gun community and hit with legal challenges from pro-2A groups. Barnett v. Raoul was one such case that argued against the new law, claiming that it violates the Second Amendment of the Constitution.
Teeing up to what looked like a much-anticipated legal battle over the constitutionality of the ban, the Supreme Court’s decision to turn away the challenge was a blow to gun rights activists who were hoping to put the issue to bed.
“We are disappointed the U.S. Supreme Court chose not to accept this challenge at this time to what is clearly an unconstitutional law,” Lawrence G. Keane, National Shooting Sports Foundation Senior Vice President and General Counsel, said in a statement.
“The Modern Sporting Rifle – or AR-15-style rifle – is the most popular-selling centerfire rifle in America, used for lawful purposes every day. That includes recreational target shooting, hunting, and self-defense. These rifles are clearly ‘Arms’ that are protected by the Second Amendment for law-abiding citizens to keep and bear.”
The NSSF estimates that over 28.1 million MSRs are in circulation in the U.S. But the group said the fight is not over yet. The case will be heard by the U.S. District Court for the Southern District of Illinois later this year and could be taken up at a later date by the Supreme Court.
TSA Recovers 3,200+ Guns at Airport Checkpoints
The Transportation Security Administration says it has recovered over 3,200 firearms at security checkpoints so far this year.
Out of the guns found in travelers’ bags, 94% were discovered loaded by TSA agents.
Though the 3,269 guns recovered weren’t that far above what the agency found in 2023 (3,251), TSA says 7% more passengers were screened in 2024.
A gun in carry-on nets a civil penalty of up to $14,950 and loss of TSA PreCheck eligibility for five years. Additionally, passengers could see further penalties imposed by local law enforcement, like arrest or more based on local law.
Although the TSA does permit firearms in checked baggage, guns are prohibited in carry-ons. TSA urged passengers to learn proper traveling protocol to avoid any issues or delays at the airport.
“During a period of record-breaking travel volumes, our officers are working hard to keep our transportation systems secure and the traveling public safe, and any time they detect a firearm, there is a real safety concern for frontline employees and travelers,” said TSA Administrator David Pekoske in a statement.
“If you carry a firearm, you are required to place it unloaded and locked in a hard-sided case in your checked bag and declare it to the airline when checking in at the airline ticket counter. Do not bring it to the checkpoint. It is costly and delays you and everyone else traveling in the same lane with you.”
To travel with a gun, the firearm(s) must be:
- Packed in checked luggage
- Unloaded
- Locked in a hard-sided case
- Declared at the airline ticket counter when checking the bag.
We have more details on how to travel with guns in Flying with Firearms: Everything You Need to Know.
Leave a Reply