GunStuff TV

Tag: Chicago Lawsuit

  • Firearms Policy Coalition and SAF Back Lawsuit Challenging California’s 11% Excise Tax on Guns and Ammo as Second Amendment Violation

    California’s relentless war on the Second Amendment just got another legal smackdown in the works, and we’re here for it. Poway Weapons & Gear, the brave retailer standing tall against Sacramento’s overreach, has teamed up with the Firearms Policy Coalition (FPC) and Second Amendment Foundation (SAF) to file a motion for preliminary injunction against the state’s insidious 11% excise tax on firearms and ammunition sales. This isn’t just about taxes—it’s a direct assault on our fundamental right to keep and bear arms.

    Exterior of Poway Weapons & Gear store with American flags and pro-2A signage, symbolizing resistance to California's gun taxes
    Exterior of Poway Weapons & Gear store with American flags and pro-2A signage, symbolizing resistance to California’s gun taxes (via abc10.com)

    The Tax That Punishes Your Rights

    Proposition 63 and AB 28 shoved this 11% tax down the throats of gun owners and retailers starting January 2024, funneling millions into the state’s general fund under the guise of “public safety.” But let’s call it what it is: a discriminatory cash grab targeting law-abiding citizens who exercise their constitutional rights. The lawsuit argues—and we agree—that this tax unconstitutionally burdens the Second Amendment by making self-defense tools and training ammo prohibitively expensive.

    Poway Weapons & Gear reports a staggering 25% drop in sales since the tax hit, forcing cutbacks and threatening closures. This isn’t hypothetical; it’s real-world destruction of businesses that serve armed citizens. The suit invokes the Supreme Court’s Bruen decision, demanding strict scrutiny for any law infringing on core Second Amendment conduct. California’s tax fails that test spectacularly, discriminating against gun dealers while sparing other retailers.

    Court Battle Heats Up

    A federal judge in Sacramento is now weighing the state’s motion to dismiss, with Poway’s opposition due in June 2026. That’s right—2026. California’s bureaucracy moves at a glacial pace, but FPC and SAF aren’t backing down. They’ve got the receipts: economic data showing the tax’s chilling effect, historical analysis proving taxes were never used this way against arms pre-20th century, and ironclad constitutional arguments.

    Firearms Policy Coalition and Second Amendment Foundation lawyers filing motion against California excise tax, with 2A flags and documents
    Firearms Policy Coalition and Second Amendment Foundation lawyers filing motion against California excise tax, with 2A flags and documents (via firearmspolicy.org)

    Why This Matters to Every Gun Owner

    If California gets away with this, expect copycats nationwide. Sin taxes on guns and ammo set a dangerous precedent, turning a right into a government privilege you pay extra for. Remember Bruen? The Founders didn’t embed excise taxes into the Bill of Rights. This is modern-day taxation without representation, aimed squarely at disarming the populace.

    FPC and SAF are the tip of the spear in this fight, and they’ve racked up win after win—from striking down assault weapon bans to gutting red flag laws. Poway Weapons & Gear isn’t just a plaintiff; they’re a frontline defender keeping guns in the hands of Californians despite the onslaught.

    Stand with the 2A Warriors

    Gun owners, this is your call to action. Chip in to FPC and SAF today. Follow the case, share this post, and gear up—because when they come for the Second Amendment in California, they’re coming for all of us next. Victory is coming; let’s make it swift.

    Stay armed, stay free.

    Join the Fight - Second Amendment Foundation

    References

  • U.S. Supreme Court Declines to Hear Challenge to Chicago’s Lawsuit Against Indiana Gun Shop

    U.S. Supreme Court Declines to Hear Challenge to Chicago’s Lawsuit Against Indiana Gun Shop

    In a disappointing but not entirely surprising move, the U.S. Supreme Court on May 4, 2026, declined to intervene in Chicago’s aggressive public nuisance lawsuit against Westforth Sports, a family-owned gun shop in Gary, Indiana. This decision paves the way for the case to grind on in lower courts, potentially unleashing a Pandora’s box of interstate liability nightmares for law-abiding firearms dealers nationwide.

    The U.S. Supreme Court building under a clear blue sky, symbolizing the highest court in the land where Second Amendment rights are often defended.
    The U.S. Supreme Court building under a clear blue sky, symbolizing the highest court in the land where Second Amendment rights are often defended. (via fox32chicago.com)

    The Backstory: Chicago’s Blame Game

    Chicago, long infamous for its failed gun control experiments, is now reaching across state lines to sue Westforth Sports. The Windy City’s attorneys claim the shop “negligently” sold firearms that somehow ended up in the hands of criminals on their streets. Never mind that federal law requires licensed dealers like Westforth to run every sale through the National Instant Criminal Background Check System (NICS). Never mind that the guns in question were legally purchased—likely by straw buyers or through theft—and trafficked illegally.

    This isn’t about accountability; it’s about deflection. Chicago’s sky-high murder rate, driven by gangs and illegal guns smuggled from states with looser laws or international sources, exposes the impotence of their handgun bans and assault weapon restrictions. Instead of cleaning up their own streets or cracking down on felons in possession, Mayor Brandon Johnson’s crew wants to punish an Indiana small business for daring to follow federal law.

    Why This Matters for Your Second Amendment Rights

    If you’re a gun owner, FFL holder, or just someone who values personal responsibility, this case should set off alarm bells. Here’s why:

    • Interstate Overreach: Chicago is weaponizing “public nuisance” laws to extraterritorially regulate out-of-state businesses. If successful, expect blue-city DAs from New York to San Francisco to sue dealers in red states like Texas or Arizona. Your local gun shop could be next.
    • Chilling Effect on Commerce: Dealers already face suffocating ATF regulations. Now, they risk million-dollar lawsuits based on “trace data” that doesn’t prove negligence—just that criminals are criminals. Sales will drop, prices will rise, and rural shops will shutter.
    • Ignoring Root Causes: ATF stats show most crime guns come from theft, straw purchases, or corrupt insiders—not “negligent” dealers. Chicago’s own policies, like sanctuary status for illegal immigrants and soft-on-crime prosecution, fuel the violence.
    • Precedent for More Abuse: Remember the NRA’s public nuisance suits? Anti-gunners are flipping the script, and without SCOTUS protection, lower courts packed with activists could greenlight this madness.

    The Supreme Court’s pass—echoing their shadow docket restraint—leaves Westforth fighting alone in the Seventh Circuit. But make no mistake: this is a direct assault on the firearms industry and the lawful exercise of Second Amendment rights.

    Aerial view contrasting Chicago's glittering skyline with a modest Indiana gun shop storefront, highlighting the interstate battle over gun rights.
    Aerial view contrasting Chicago’s glittering skyline with a modest Indiana gun shop storefront, highlighting the interstate battle over gun rights. (via chicagobusiness.com)

    What Can We Do? Fight Back, 2A Style

    Don’t sit this one out. Support Westforth Sports through their legal defense fund (links in comments). Contact your congressmen to push for federal protections shielding FFLs from frivolous interstate suits. And above all, vote with your wallet—buy American, buy local, and buy from shops standing firm against tyranny.

    The Second Amendment isn’t a suggestion; it’s the law of the land. Chicago’s lawsuit is a test of our resolve. Let’s show them Gary, Indiana, guns—and American grit—won’t back down.

    Stay armed, stay informed. Follow GunStuff.tv for the latest in pro-2A news.

    Join the Fight - Second Amendment Foundation

    References