Whitney Tilt, Editor
On June 22, 2022, the “RETURN our Constitutional Rights Act of 2022’’ (H.R. 8167) was introduced to the House of Representatives. The bill’s primary sponsor, Rep. Andrew Clyde (R-Ga.) states, “I’m proud to formally introduce, along with the support of over 50 of my Republican colleagues, the RETURN (Repealing Excise Tax on Unalienable Rights Now) our Constitutional Rights Act. This legislation would effectively eliminate the federal excise tax on firearms and ammunition, because no American should be taxed on their enumerated rights.”
Citing assaults against citizen’s Second Amendment rights and “treacherous threats that seek to weaponize taxation in order to price this constitutional right out of the reach of average Americans,” Rep. Clyde’s bill proposes removing nearly all excise taxes on hunting and fishing equipment, with only a handful of taxes remaining but seriously capped.
As the vast majority of anglers and hunters know, the 1937 Pittman-Robertson Act (Wildlife Restoration Act) and its 1950 companion legislation, the Dingle-Johnson Act (Sport Fish Restoration Act) are considered the foundational cornerstones for fish and wildlife conservation in the United States. From Pittman-Robertson’s inception, it has enjoyed the strong support of the gun and ammunition manufacturers, who pay the excise tax at the time of manufacture, and the sportsmen and women who pay for the passed along cost at the time of purchase. Along with the licenses and fees paid by hunters and anglers, these excise taxes comprise a significant portion of the budgets of state fish and wildlife departments – in the case of Montana Fish, Wildlife & Parks and others, they provide the near-totality of the department’s budget.
Since 1939 the Wildlife and Sport Fish Restoration Program has converted an excise tax on firearms, ammunition, archery, fishing equipment, motorboat and small engine fuels into $25.5 Billion in funding for the states. Combined with the required 25 percent match, they fund wildlife and fisheries restoration, public access, and hunter and aquatic education – to name a few of the many benefits.
One wonders at the motivation of the 50+ members of Congress who are willing to bet the hunters, anglers, and outdoor recreationists in their constituencies believe that the Wildlife and Sport Fish Restoration Program is an infringement on their Second Amendment rights. But a Mark Twain observed, “Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn’t.”
A copy of the bill and its cosponsors is found at Congress.gov. Listed sponsors represent the following states: AL, AZ, CA, CO, FL, GA, ID, IL, IN, KS, KY, LA, MD, MO, MN, MS, MT, NC, NY, OH, OK, PA, SC, TN, TX, VA, and WI. If your state is listed you may wish to pass along your thoughts to the appropriate member of Congress.