6. Unconstitutional Tax
San Jose refers to the new fee imposed on gun owners as a “Gun Harm Reduction Fee,” but it’s nothing less than an unconstitutional tax on the exercise of an enumerated right.
The Supreme Court has struck down similar laws, reasoning that “a state may not impose a charge for the enjoyment of a right granted by the federal Constitution.”
This is precisely what San Jose’s fee does—require gun owners to pay an annual sum of money to exercise their Second Amendment rights inside the city.
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