September 5, 2023

California Senate Could Vote on Firearm and Ammunition Tax Bill This Week

Why It Matters: California’s law-abiding hunters and recreational shooters have long played a vital role in funding conservation through various wildlife management efforts throughout the state. Under the American System of Conservation Funding (ASCF), a unique “user pays — public benefits” program, California’s sportsmen and women generate tens of millions of dollars each year for the California Department of Fish & Wildlife. These funds are generated through license sales and an 11% federal excise tax on sporting-related goods, including firearms and ammunition. Decreased firearm and ammunition purchases that result from additional taxes and costs would have a negative impact on conservation funding.  

Highlights:

  • Assembly Bill 28 (AB 28), which would impose an 11% tax on all firearm and ammunition sales in the state, passed the Senate Appropriations Committee on September 1 with a 5-2 vote and could now receive a vote on the Senate floor at any time.
  • AB 28 is inherently different from the excise taxes under the Pittman-Robertson Act, which are placed on manufacturers, rather than taxing an individual’s right to purchase a firearm or ammunition.
  • The Congressional Sportsmen’s Foundation (CSF) is actively opposing this legislation and is on the ground in Sacramento this week to advocate against this misguided policy that will have a negative impact on conservation funding.

On September 1, the Senate Appropriations Committee passed Assembly Bill 28 out of committee with a 5-2 vote. AB 28, if passed, would impose an 11% tax on all firearm and ammunition sales in the state, and is now poised to receive a vote on the Senate floor at any time. AB 28 has already passed the Assembly with the required 2/3 majority vote needed to advance.

The Firearm and Ammunition Tax Bill, originally AB 1223, was first introduced during the 2021 legislative session and was allegedly designed to “mirror” the federal excise tax paid by sportsmen and women to fund conservation efforts via the Pittman-Robertson Act. The revenue in this case, however, would not be used to fund conservation and would instead go to a program purportedly intended to stem the negative effects of illegal criminal activity involving firearms. This bill was defeated on the floor during the 2021 session, however proponents used procedural maneuvers to add an “urgency clause” to the legislation, which exempted the bill from regular deadlines and rules and allowed the bill to be to be carried over to the 2022 session. Having not received a floor vote by the January 31, 2022 deadline, the proposal should have been defeated for the biennial session, yet proponents once again maneuvered their proposal forward by commandeering AB 1227 through a “gut and amend” tactic. The bill ultimately failed to pass in 2022 but is unfortunately advancing through the legislature this session.

Each year, California’s sportsmen and women contribute tens of millions of dollars to the California Department of Fish and Wildlife, providing vital revenue to help carry out their mission of managing the state’s diverse fish and wildlife and the habitats upon which they depend. These funds are generated through fishing and hunting license sales, and through the purchase of sporting-related goods. Under the Pittman-Robertson Act, firearms and ammunition purchased by California’s hunters and recreational shooters are already taxed at the manufacturer level through a 10-11% excise tax, which in turn funds a large portion of the state’s wildlife management, research, and other conservation efforts. AB 28, if passed, would place an additional tax on top of these existing taxes, thereby driving up the costs of these goods, reducing their sales, and in turn, reducing the conservation funding from which all California residents benefit.

The Congressional Sportsmen’s Foundation is actively opposing AB 28 and is on the ground in Sacramento with coalition partners to advocate against this misguided policy. All California residents are encouraged to contact their Senator as soon as possible to voice their concerns with AB 28 as the bill could receive a vote at any time.

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