A broad coalition of gun rights groups filed a lawsuit Monday against Colorado’s punitive excise tax levied on firearm and ammunition purchases.
The National Rifle Association (NRA), along with the Firearms Policy Coalition (FPC), Second Amendment Foundation (SAF), Colorado State Shooting Association, and other plaintiffs want the controversial 6.5% tax eliminated.
Colorado voters approved Proposition KK in November under the guise of funding a range of programs from school security and veterans services to support for victims of violent crime.
These are all noble causes, to be sure. However, the state made a misstep when it singled out a specific group of taxpayers as if they were responsible for these serious issues.
Implementation of the state tax began Tuesday. While vendors are directly charged, no one is fooled about who actually pays the 6.5% surcharge to the Colorado government.
Gun owners foot the bill every time.
Vendors are also subject to wholly unnecessary registration and record-keeping requirements to comply with state law. Otherwise, they face hefty penalties.
John Commerford, executive director of the NRA’s Institute for Legislative Action (NRA-ILA), called the state action an “overt assault on the Second Amendment rights of law-abiding Coloradans and a deliberate attempt to discourage the exercise of constitutionally protected freedoms.”
Of course, it is unimaginable for the government to tax the freedom to exercise speech or worship rights. But lawmakers saw fit to heap penalties on good citizens purchasing perfectly legal products.
The NRA and its partners argue that the tax clearly violates the Constitution. The U.S. Supreme Court has long held that taxation could not infringe upon freedoms enshrined in the nation’s founding document.
That did not stop anti-gun extremists in Colorado from legislating this tax on the right to keep and bear arms, an action that should be reversed.
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