Lawsuit Challenges Colorado’s Gun and Ammo Excise Tax Arguing it Fails the Bruen Test

Colorado Governor Jared Polis
Colorado Governor Jared Polis (Jerilee Bennett/The Gazette via AP)

An El Paso County resident, a Colorado licensed firearms dealer and several gun rights advocacy organizations are asking for an injunction in Denver District Court to halt a new state excise tax on guns and ammunition. …

Proposition KK — passed in November with 54 percent of the vote — will add a 6.5 percent excise tax on the manufacture and sale of firearms and ammunition. It will be imposed on firearms dealers, manufacturers and ammunition vendors, with the exception of those selling less than $20,000 per year as well as law enforcement agencies and active-duty military.

The lawsuit was filed on the basis that the tax is unconstitutional because it does not pass a “means-end” test handed down by the U.S. Supreme Court in the 2022 Bruen decision, which says gun rights restrictions must be consistent with the nation’s historical tradition of firearm regulations.

— Sherrie Peif in Lawsuit challenges constitutionality of Prop KK guns and ammunition tax

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