(The Center Square) – Gun advocates are moving forward with a lawsuit challenging Colorado’s Proposition KK, which put a 6.5% firearms and ammunition excise tax on firearm vendors that took effect April 1.
The proposition passed in November with a narrow majority of 54%. Revenue from the tax is expected to be up to $39 million annually and will be used to fund crime victim services, mental health services for veterans and youth, and school safety programs.
The Colorado State Shooting Association, along with other groups like the National Rifle Association and the Firearms Policy Coalition, are among those suing Colorado’s Department of Revenue Executive Director Heidi Humphreys and El Paso County District Attorney Michael J. Allen.
The lawsuit was filed in Denver County District Court in April and argued the tax is “unconstitutional,” as previously reported by The Center Square.
“The effects of the tax will be felt by all citizens of Colorado who elect to exercise their constitutional right to keep and bear arms as vendors pass the cost of the tax on to ordinary individuals who purchase firearms, firearm precursor parts, or ammunition in Colorado,” the lawsuit alleged. “Both sides of the transaction will be meaningfully harmed. Vendors will lose valuable business while individuals will face a tax on the exercise of their legal and constitutionally protected activity.”
This 6.5% tax is on top of the existing 10%-11% federal excise tax on firearms and ammunition.
In an exclusive interview with The Center Square, Huey Laugesen, executive director of the Colorado State Shooting Association, addressed why the organization felt the lawsuit was necessary.
“This lawsuit is about defending the rights of law-abiding Coloradans and standing up against what is an unconstitutional and deeply misguided ballot measure,” Laugesen said. “Proposition KK threatens to undermine legal commerce, punish responsible gun owners, and impose costly burdens on small businesses across the state — all without meaningfully improving public safety.”
Advocates for the proposition said it would make Colorado a “better, more compassionate” place by reducing crime. Laugesen pushed back on that, arguing there were other motives at play.
“At its core, Proposition KK is not about reducing crime. It’s about making it harder for everyday Coloradans to exercise their constitutional rights,” he said. “The vague and overbroad language of the measure opens the door to arbitrary enforcement, confusion for retailers, and a chilling effect on perfectly lawful activity.”
Colorado’s Department of Revenue has responded to the lawsuit, requesting it be thrown out and denying that the tax violates any Second Amendment rights.
This is just one of the many measures Colorado has taken in recent months to restrict access to firearms, many of which received significant backlash from gun advocates.
The association has said it would consider filing lawsuits to challenge those other restrictions as well. On Monday, it announced it had taken the “first step” to another lawsuit by officially retaining legal council “to represent us in our fight to protect gun owners’ Second Amendment rights.” Once filed, that lawsuit would address Senate Bill 25-003, which restricts the sale of certain firearms in the state.
Laugesen said the association will continue to fight against the tax, and other laws that restrict the rights of gun owners.
“The Colorado State Shooting Association believes in real solutions, not political stunts that punish responsible gun owners while doing nothing to address violent crime,” he said. “That’s why we’ve taken this fight to the courts.”
