PDA

View Full Version : Ammunition regulation and taxation


dantodd
11-05-2009, 1:45 PM
I was intrigued by the "I called DeLeon's office" thread and in about 5 minutes with google found a really interesting SCOTUS case.

Minneapolis Star v. Minnesota Commissioner of Revenue
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=460&invol=575


It appears that a special tax applied to ink and newsprint is a violation of the First Amendment.

Do you really think that regulating or taxing ammunition will be treated any differently?

jrr
11-05-2009, 3:30 PM
that's pretty spot on. It would be hard to argue that a tax specifically levied against ammo is not an infringement on the right to keep and bear arms, and case law like that makes it an even harder argument.

Of course, the problem is that our legislators don't know the law or don't care about it, so doing something patently illegal is no big deal to them. But that's why we have the Courts.

ErikTheRed
11-05-2009, 8:24 PM
Banning or restricting ammunition is as much a violation of the 2nd as banning or restricting the guns themselves. Our Founding Fathers had no idea that they'd need to break everything down to such a pathetically elementary level to thwart modern socialist liberals from attacking our rights by using silly word games. Whats next? Is DeLeon (or similar unconstitutional hater of America) going to ban or restrict all triggers? Or barrels? Or firing pins? Don't laugh, these piles of garbage are probably working on it.

freakshow10mm
11-05-2009, 8:32 PM
How about citing Murdock v PA 1943?

"No state shall convert a liberty into a privilege, tax it, or charge a fee therefore."

dantodd
11-05-2009, 9:03 PM
How about citing Murdock v PA 1943?

"No state shall convert a liberty into a privilege, tax it, or charge a fee therefore."

Different issue but may be one avenue to Open Carry.

freakshow10mm
11-05-2009, 9:04 PM
Issue is different but context doesn't matter.

putput
11-06-2009, 9:34 AM
Actually, they did have that idea and wrote the 2A. Now it just has to be upheld. :) Those trying to ban are using an outdated methodology and will soon discover this fact.

Banning or restricting ammunition is as much a violation of the 2nd as banning or restricting the guns themselves. Our Founding Fathers had no idea that they'd need to break everything down to such a pathetically elementary level to thwart modern socialist liberals from attacking our rights by using silly word games. Whats next? Is DeLeon (or similar unconstitutional hater of America) going to ban or restrict all triggers? Or barrels? Or firing pins? Don't laugh, these piles of garbage are probably working on it.