A California court has issued a significant ruling in Poway Weapons v. Gonzalez, a lawsuit challenging the state’s controversial 11% firearm and ammunition excise tax created under AB 28. While the court did not dismiss the case outright, it ruled that plaintiffs must revise their complaint before the legal challenge can move forward.

The lawsuit argues that California’s firearm-specific tax unfairly burdens the exercise of Second Amendment rights by increasing the cost of purchasing firearms and related products. Supporters of the challenge contend that the tax functions as a financial barrier to a constitutional right.

In its ruling, the court found that the complaint did not adequately demonstrate how individual consumers were directly burdened or prevented from exercising their Second Amendment rights because of the tax. The judge concluded that additional factual allegations are needed to establish a constitutional claim.

Although the case remains alive, gun rights organizations now face the challenge of amending their complaint and providing stronger evidence that the tax imposes a meaningful burden on lawful firearm ownership. The outcome could have major implications for firearm taxation and Second Amendment litigation in California moving forward.