,i #aacth ,,congress #ast ,session ,h4 ,r4 #bcfa ,,in ,,the ,,house ,,of ,,representatives ,june #ac1 #bjac ,mr4 ,graves of ,missouri introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to limit the authority of ,states and local governments to impose new taxes1 or to increase rates of existing taxes1 payable with respect to the sale of certain firearms or ammunition or payable for background checks incident to sales of firearms or ammunition4 #a4 ,short title ,this ,act may be cited as the ,protecting ,honest1 ,everyday ,americans from ,senseless ,and ,needless ,taxes 7,,pheasant7 ,act of #bjac4 #b4 ,findings and purpose 7a7 ,findings ,the ,congress finds the following3 7#a7 ,the individual right to keep and bear arms protected by the ,second ,amendment to the ,constitution includes the right to acquire firearms and ammunition without undue burdens4 7#b7 ,jurisdictions have imposed taxes or fees on the acquisition of firearms and ammunition that inhibit the exercise of the ,second ,amendment1 particularly among individuals of limited means4 7#c7 ,local taxation of firearms and ammunition suppresses lawful interstate commerce that is vital to a robust ,second ,amendment to the ,constitution4 7#d7 ,the ,congress has the authority to regulate interstate commerce in firearms and ammunition to ensure that ,states are not suppressing access to these lawful products4 7#e7 ,the singling out of firearms and ammunition for special taxation as a means to suppress their acquisition is an infringement of the ,second ,amendment and disproportionately affects those in low income communities whose need for self-defense may be especially acute4 7b7 ,purpose ,the purpose of this ,act is to prevent ,states or local jurisdictions from using their taxing power to suppress lawful interstate commerce and protected constitutional activity4 #c4 ,limitation on authority to impose ,state and local taxes on sales of certain firearms and ammunition ,no ,state or local government may-- 7#a7 impose a new tax on the sale of firearms 7or of any certain type of firearms7 that have moved in or that otherwise affect interstate commerce1 or on the sale of ammunition 7or of any certain type of ammunition7 that has moved in or that otherwise affects interstate commerce1 if the respective ,state or local government does not have in effect on the date of the enactment of this ,act a tax on such sale of firearms or ammunition1 or 7#b7 increase the rate of a tax imposed on the sale of firearms 7or of any certain type of firearms7 that have moved in or that otherwise affect interstate commerce1 or on the sale of ammunition 7or of any certain type of ammunition7 that has moved in or that otherwise affects interstate commerce1 in effect on the date of the enactment of this ,act expressly applicable to such sale of firearms or ammunition4 #d4 ,limitation on authority to impose ,state and local taxes payable for conducting background checks incident to the sale of firearms and ammunition ,no ,state or local government may-- 7#a7 impose a tax payable to conduct a background check incident to the sale of firearms 7or any certain type of firearms7 that have moved in or that otherwise affect interstate commerce1 or to the sale of ammunition 7or any certain type of ammunition7 that has moved in or that otherwise affects interstate commerce1 if the respective ,state or local government does not have in effect on the date of the enactment of this ,act a tax payable to conduct a background check incident to the sale of firearms or ammunition1 or 7#b7 increase the rate of a tax imposed to conduct background checks incident to the sale of firearms 7or any certain type of firearms7 that have moved in or that otherwise affect interstate commerce1 or to the sale of ammunition 7or any certain type of ammunition7 that has moved in or that otherwise affects interstate commerce1 in effect on the date of the enactment of this ,act payable to conduct such checks4 #e4 ,definitions ,for purposes of this ,act3 7#a7 ,ammunition ,the term ammunition has the meaning given such term in section #iba of title #ah of the ,united ,states ,code4 7#b7 ,background check ,the term background check means a check performed by the system then in effect under section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#ah ,u4,s4,c4 #ibb note7 or pursuant to any ,state law that mandates an inquiry into an individual's criminal1 mental health1 or other personal history as a prerequisite to the transfer or acquisition of a firearm4 7#c7 ,firearm ,the term firearm has the meaning given such term in section #iba of title #ah of the ,united ,states ,code4 7#d7 ,local government ,the term local government means a political subdivision of a ,state4 7#e7 ,sale ,the term sale means transfer1 sell1 trade1 or give for value or otherwise4 7#f7 ,state ,the term ,state means any of the several ,states1 the ,district of ,columbia1 or any commonwealth1 territory1 or possession of the ,united ,states4 7#g7 ,tax ,the term tax means a tax1 fee1 or charge payable to the ,state or local government4 #f4 ,severability ,if any provision of this ,act1 or the application of such provision to any person1 entity1 or circumstance1 is held to be unconstitutional1 the remaining provisions of this ,act1 and the application of such provisions to any person1 entity1 or circumstance1 shall not be affected thereby4 #g4 ,effective date2 application of ,act 7a7 ,effective date ,except as provided in subsection 7b71 this ,act shall take effect on the date of the enactment of this ,act4 7b7 ,application of ,act ,this ,act shall not apply with respect to any liability for taxes accrued and enforced before the date of enactment of this ,act or to ongoing litigation relating to such taxes4