NRA sues to stop ammunition, firearm excise tax approved by Colorado voters

Yahoo

01-04-2025

DENVER (KDVR) — The National Rifle Association joined a number of organizations, alongside an El Paso County resident, suing to stop a 6.5% excise tax on ammunition and firearms that's set to go into effect on April 1.
Proposition KK was passed by voters in November with 54.4% of voters affirming the tax, or about 1.68 million voters. The tax revenue would be allocated to school security and mental health services for veterans, domestic and other violence victims and at-risk youth.
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The lawsuit was filed Monday in Denver District Court against Heidi Humphreys, who is the executive director of the Colorado Department of Revenue, and Michael Allen, who is the district attorney for El Paso County.
The lawsuit seeks to overturn the tax, citing it as an unfair burden on lawful gun owners and firearms industry businesses. The NRA specifically asked for a declaratory judgment calling the tax unconstitutional and a permanent injunction to prevent enforcement of the tax.
'Colorado's firearms excise tax is an overt assault on the Second Amendment rights of law-abiding Coloradans and a deliberate attempt to discourage the exercise of constitutionally protected freedoms,' said John Commerford, executive director of the NRA Institute for Legislative Action, in an announcement of the lawsuit. 'Recently, anti-gun activists in Colorado have been adopting California's radical gun control agenda to systematically erode gun rights in the state. We are pleased to join with other Second Amendment advocates in this lawsuit to protect and defend the fundamental right to keep and bear arms.'
The lawsuit's plaintiffs include the Colorado State Shooting Association, the NRA, Firearms Policy Coalition, Second Amendment Foundation, Magnum Shooting Center — which was described as a leading Colorado firearms retailer.
The groups are contending that the tax violates the Second Amendment and that it unfairly targets and singles out gun owners and retailers.
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'This tax is a direct attack on our Second Amendment freedoms,' said Huey Laugesen, executive director of the Colorado State Shooting Association, in a release. 'Law-abiding Coloradans already pay state and local sales taxes on firearm and ammunition purchases, and now the state is layering on this punitive measure. Alongside our partners, we're holding the state accountable in court to defend Coloradans' right to keep and bear arms without assuming additional tax burdens not placed on others.'
The measure is estimated to raise $39 million in state taxes annually.
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