URGENT ALERTS

AB 28 (Gabriel) - Firearms and Ammunition: Excise Tax 

As amended March 23, 2023, AB 28 by Assembly Member Jesse Gabriel (D/46-Woodland Hills) would impose an excise tax in the amount of 11% on the retail sale of all firearms, firearm parts, and ammunition. Coined the “Gun Violence Prevention, Healing, and Recovery Act”, this bill would require that the revenues collected be deposited in the “Gun Violence Prevention, Healing, and Recovery Fund” and used to fund various gun violence prevention, education, research, response, and investigation programs.

Implementing successful programs for addressing criminal gun violence is something which benefits all Californians.  As such, all Californians should equally help fund their implementation.  However, under AB 28 these programs would be fully funded only by law-abiding citizens who legally purchase firearms, firearm parts, and ammunition.  As such, AB 28 could only be viewed as simply another attempt to price law-abiding Californians out of the firearms and ammunition market.

 Additionally, by substantially raising the cost of owning a firearm in California, SB 8 would disproportionately impact the ability of economically disadvantaged communities and individuals to purchase a gun to protect themselves and their loved ones, as well as their equitable access to hunting and shooting sports – at a time when the Administration and the Legislature are seeking to increase participation in outdoor recreation and access for all Californians.

If enacted, AB 28 would double the excise tax currently assessed on the sales of firearms and ammunition. Law-abiding hunters and shooters already pay an 11% excise tax on long guns, ammunition, archery, and other hunting equipment and a 10% excise tax on handguns pursuant to federal Pittman-Robertson Act. But those dollars are appropriately allocated back to the states to fund positive programs – including wildlife habitat projects, hunter safety classes and shooting/target ranges. The Department of Fish and Wildlife (DFW) currently receives $30+ million annually in federal Pittman-Robertson Act funding for these purposes. Because AB 28 would have significantly raised the cost of firearms and ammunition, it would also decrease their sales and, as a result, the federal funding allocated to California each year for wildlife habitat programs and projects and other important uses. 

Because AB 28 proposes a tax, the bill requires approval of 2/3rds of the membership of each house of the Legislature.    

  SB 8 (Blakespear/Skinner) – Firearms Liability Insurance

As amended March 23, 2023, SB 8 – co-authored by Senator Catherine Blakespear (D/38-Laguna Hills) and Senator Nancy Skinner (D/9-Oakland) – would require gun owners to obtain and maintain a gun liability insurance policy which specifically would cover losses or damages resulting from any negligent or accidental use of that firearm, including death, injury, or property damage. The bill would also require written evidence of coverage in the place where a firearm is stored. SB 8 would require the Insurance Commissioner to set the minimum coverage for a policy required by the bill and to develop a standardized form of evidence of liability coverage. SB 8 would take effect on January 1, 2025.

As previously written, as amended on March 7th, SB 8 also proposed make a person who owns a firearm civilly liable for each incidence of property damage, bodily injury, or death resulting from the use of their firearm. That language has been deleted from the bill. 

SB 8 has been referred to the Senate Committee on Insurance and is set to be heard on April 26th  

  California AB 804 - legislation signed into law in 2021 - requires the Director of the California Department of Fish and Wildlife to designate two days each year as “free hunting days”, beginning with the 2023/2024 hunting license year. To take part in a free hunting day, an unlicensed hunter who has completed the Hunter Safety Course, but not purchased their hunting license, may hunt if mentored by a licensed hunter, 21 years or older, who has held a valid hunting license for at least the last three consecutive years. To ensure safety in the field, mentors are restricted to only accompanying one unlicensed hunter at a time and must keep the unlicensed hunter within close visual and verbal contact.  Those participating in the free hunting day are prohibited from taking any game species that would require a draw or a  lottery to obtain a tag.  Those participating in the free hunting day to taking only resident and migratory game birds, resident small game mammals, fur bearing  mammals, nongame mammals, and - if 12 years or older - wild pigs with a wild pig tag. 

SB 772 (Dahle) – Jr. Hunting Licenses: Age of Eligibility  California law currently requires that residents be 15 years of age and under to be eligible for a junior hunting license. With both cost and opportunity having been identified as major barriers to the  recruitment, retention, and reactivation (R3) of new hunters, the intent of SB 772 by Senator Brian Dahle (R/01-Redding) is to inspire youth to become life-long hunters and conservationists by allowing 16- and 17-year-olds to  take advantage of the much less expensive junior hunting license and the many special “apprentice hunts”  now made available by DFW, and many wildlife conservation organizations.