PolicyBrief
S. 1169
119th CongressMar 27th 2025
Freedom from Unfair Gun Taxes Act
IN COMMITTEE

This Act prohibits state and local governments from imposing excise taxes on the sale of firearms, ammunition, or parts when such sales involve interstate or foreign commerce, while preserving the Pittman-Robertson Act.

James Risch
R

James Risch

Senator

ID

LEGISLATION

Federal Bill Blocks State and Local Excise Taxes on Gun and Ammo Sales Tied to Interstate Trade

The “Freedom from Unfair Gun Taxes Act” is a short, sharp piece of legislation that targets the taxing power of state and local governments. In plain terms, this bill says that states and cities cannot charge an excise tax—that’s a specific tax on the manufacture, sale, or use of goods—on firearms, ammunition, or gun parts when those items are sold by a manufacturer or dealer and the sale involves trade between states or countries (interstate commerce).

The Taxing Power Tug-of-War

Think of this as the federal government stepping in and drawing a line around a state’s ability to raise revenue from a specific type of commerce. If you’re a state legislator looking for new ways to fund local programs—say, a gun safety initiative or general conservation—you can’t use an excise tax on the initial sale of a firearm or ammo if that product moved across state lines at any point. The bill’s intent is to prevent what it terms “unfair” state taxes on these items, effectively creating a tax-free zone at the state level for this part of the supply chain. This is a significant restriction on a state’s fiscal autonomy, using the federal power over interstate commerce (Section 2) to preempt local taxing decisions.

Who Feels the Change?

For manufacturers and dealers, this bill simplifies things by ensuring they don't have to navigate a patchwork of specific state excise taxes on products they ship across the country. This could potentially reduce their operating costs, and theoretically, some of those savings might trickle down to consumers. However, the biggest impact is on state and local governments. They lose a clear, defined avenue for raising revenue. For example, a state might have relied on a small excise tax on ammunition to fund a local wildlife management program or range safety course. Under this Act, that revenue stream is blocked.

The Conservation Catch

It’s important to note what this bill doesn’t touch. The legislation explicitly carves out an exception for the federal Pittman-Robertson Wildlife Restoration Act. That 1937 law uses a federal excise tax on sporting arms, ammunition, and archery equipment to fund crucial state-level wildlife conservation efforts. Because this new bill only blocks state and local excise taxes, the decades-old federal funding mechanism for conservation remains untouched. This means the federal taxes that support wildlife areas and hunter education are safe, but any similar state-level taxes are now off-limits if they fall under the definition of an excise tax on interstate commerce.