California lawmakers voted on Thursday to increase taxes on guns and ammunition in order to fund security enhancements at public schools and gun violence prevention initiatives.
If the bill is signed into law by Democratic Governor Gavin Newsom, the tax would be set at 11%, matching the highest federal tax on guns. Democratic state Senator Anthony Portantino emphasized the importance of prioritizing the safety of children and providing mental health care in school districts, urging lawmakers not to let politics hinder these efforts.
Unlike most states, which do not have a specific tax dedicated to guns, Pennsylvania imposes a $3 surcharge on gun sales to cover the cost of background checks. In California, fees on gun sales already amount to over $37, primarily allocated to background checks.
The bill will now be presented to Governor Newsom, who has until October 14 to make a decision. While Newsom has opposed certain tax increase proposals in the past, he has been a vocal advocate for gun safety, signing a law last year that allows private citizens to enforce the state's ban on assault weapons through civil lawsuits.
Assembly member Jesse Gabriel, the bill's author, expressed confidence in Newsom's support, citing his commitment to gun violence prevention. However, a spokesperson for the governor stated that the bill would be evaluated based on its merits. Under the proposed tax, individuals purchasing guns would not be directly affected. Instead, businesses selling guns and ammunition would be responsible for paying the tax, although they may raise prices to compensate. The tax would not apply to police officers or businesses with sales below $5,000 over a three-month period.
Opponents of the tax, such as Chuck Michel, president of the California Rifle and Pistol Association, argue that it infringes on the constitutional right to bear arms and liken it to a poll tax. Michel plans to challenge the tax through legal action. While the federal tax on guns and ammunition has been in place since 1918 and has withstood numerous lawsuits, a new standard for interpreting gun laws established by the U.S. Supreme Court last year has raised questions about the potential success of a lawsuit against the tax.
If implemented, the tax would take effect on July 1st and generate an estimated $159 million in annual revenue, according to the California Department of Tax and Fee Administration. The first $75 million would be allocated to the California Violence Intervention and Prevention Grant Program, which funds projects aimed at addressing youth involvement in gangs through initiatives such as sports programs, life coaching, and tattoo removal.
The subsequent $50 million would be directed to the State Department of Education to enhance safety measures in public schools, including physical security improvements, safety assessments, after-school programs for at-risk students, and mental and behavioral health services for students, teachers, and other school employees.
While some lawmakers questioned the necessity of raising taxes on guns in a state with one of the lowest gun death rates in the country, recent increases in violent crime rates have raised concerns. According to the California Department of Justice, the violent crime rate rose by 6.1% in 2022, although homicides decreased by 6.6%. State Senator Marie Alvarado-Gil, a Democrat from Jackson, emphasized the importance of legislating based on facts rather than fear and chose not to vote on the bill.
Gabriel clarified that his intention was not to discourage gun purchases but rather to establish a stable source of funding for gun violence prevention programs, which he believes will save lives and protect communities in California.
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