California gun tax faces Sacramento lawsuit as judge weighs dismissal

California‘s 11% tax on firearms and ammunition is facing another legal challenge as a Sacramento gun range manager argues the surcharge is unconstitutional, while supporters say the money is helping fund violence prevention efforts across the state.

The Gun Violence Prevention and School Safety Act, signed into law in 2023, imposes an 11% tax on firearms and ammunition sold in California. The revenue is deposited into a state fund and distributed to organizations and programs aimed at preventing gun violence.

Danielle Jaymes, general manager of Sacramento Gun Range, said customers are often shocked when they see the final cost of a purchase.

“When they see the price, they’re outraged,” Jaymes said.

Jaymes said the added tax can substantially increase the total cost of a firearm purchase when combined with local sales taxes.

“The average firearm is $500 to $600. You add an 11% tax plus an additional, depending on where you live, 7.75%, that’s another $100 on top of the original price of the gun,” Jaymes said.

Sacramento Mayor Kevin McCarty, one of the bill’s authors, said Tuesday that Assembly Bill 28 generates more than $100 million each year for violence prevention programs.

“There’s a new surcharge on guns and ammunitions sales in California. I know about it because I helped write it. It’s AB28. With that, comes over $100 million a year to violence prevention programs,” McCarty said.

Jaymes sued the state in 2025, alleging the tax violates constitutional protections under the Second Amendment.

“It’s our fundamental constitutional right. You shouldn’t be able to be taxed on something that is out there for us that’s supposed to be there,” Jaymes said.

On Wednesday, the state filed a response asking a Sacramento County Superior Court judge to dismiss the lawsuit. The state argues that the Second Amendment does not give gun retailers a constitutional right to sell firearms without taxes.

Jaymes said the tax does not deter criminal activity and instead affects legal gun owners.

“The tax doesn’t stop illegal gun crimes or criminals. It only affects law-abiding citizens, and the real problem is the illegal gun crimes,” Jaymes said.

Mervin Brookins, who works to prevent youth violence through his organization Brother to Brother and is eligible to receive funding from the tax, agreed that law-abiding citizens often bear the consequences of gun violence, but said the tax should be viewed as a contribution toward addressing the problem.

“Law-abiding people are the targets. They’re the ones that are receiving the consequences of what’s going on. So, it’s, again, it’s not a punishment. It’s a, let’s help contribute to the solution,” Brookins said.

When the tax first took effect, Sacramento Gun Range saw a 25% drop in sales, according to Jaymes.

The state continues to collect the tax while the case moves forward. A judge has until May 14 to decide whether to dismiss the lawsuit.

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