Were firearm sales subject to Connecticut sales tax under Ruling 89-96, or did the right to bear arms prevent the tax?
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This page answers the general question as of 1989. Ezel answers yours, under current Connecticut tax law, with citations.
Plain-English summary
Firearms were tangible personal property, so their sale was subject to Connecticut sales tax unless a specific statutory exemption applied.
The ruling also rejected the argument that taxing a firearm sale taxed or infringed a constitutional right. It said neither the United States nor Connecticut Constitution precluded sales taxation of firearms.
What this means for you
The historical ruling treated the tax as applying to the retail transfer of tangible property, not to the exercise of a constitutional right. It identified no firearm-specific sales-tax exemption.
Common questions
Did the ruling classify firearms as tangible personal property? Yes.
Were firearm sales taxable? Yes, absent a specific statutory exemption.
Did the ruling find a constitutional bar to the tax? No.
Citations and references
- Conn. Gen. Stat. § 12-407(2)(a), as cited in the ruling.
Source
- Landing page: Connecticut DRS Rulings
- Ruling: Ruling 89-96
Original ruling text
Ruling 89-96, Firearms
Section 12-407(2)(a) of the Connecticut General Statutes defines sales and selling to mean and include the transfer of title, exchange or barter of tangible personal property for a consideration. This includes all tangible personal property unless a specific statutory exemption applies.
Firearms clearly fall within the definition of tangible personal property. The sales of firearms are subject to the sales tax.
The State of Connecticut is not taxing a constitutional right. There is nothing in the United States or Connecticut Constitution that precludes taxation of firearms for sales tax purposes. Nothing in taxing firearms, in any way, infringes upon an individual's constitutional right to bear arms.
TIMOTHY F. BANNON
COMMISSIONER
September 15, 1989
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