BELLEVUE, WA – April 1, 2025 – The Second Amendment Foundation has filed a lawsuit in Denver County District Court challenging Colorado’s Proposition KK as an unconstitutional tax on the exercise of a fundamental constitutional right.
Joining SAF in Langston v. Humphreys are the National Rifle Association, Firearms Policy Coalition, Magnum Shooting Center of Colorado Springs, the Colorado State Shooting Association, and a private citizen, Zachary Langston. They are represented by attorneys David H. Thompson, Peter A. Patterson, William V. Bergstrom, Athanasia O. Livas, Julian R. Ellis, Jr. and Michael Francisco.
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Named as defendants are Heidi Humphreys, executive director of the state Department of Revenue and Michael J. Allen, district attorney of El Paso County, in their official capacities.
SAF and its partners contend that the state’s 6.5% excise tax on the retail sale of any firearm, firearm precursor part, or ammunition is unconstitutional in that it impermissibly singles out the exercise of a constitutional right for special taxation. There have been several rulings by the U.S. Supreme Court prohibiting such a tax scheme.
“Colorado’s new law impermissibly taxes an enumerated constitutional right,” said SAF Executive Director Adam Kraut. “Not only does the tax lack any basis in our nation’s history and tradition of firearms regulation, it violates Supreme Court precedent that states the exercise of constitutional rights cannot be targeted through taxation. We look forward to vindicating the rights of all Coloradans who are affected by this egregious attempt to chill the exercise of Second Amendment rights.”
“Federal legislation to prevent this sort of tax was introduced just days ago in both the House and Senate,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “They’re calling it the Freedom from Unfair Gun Taxes Act, and greedy, anti-gun lawmakers in Colorado are probably at least partly responsible for such a bill on Capitol Hill. You simply cannot tax the exercise of a constitutionally-protected fundamental right.”
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