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Ammo Tax / NICS Fees As RKBA "Infringement"

Discussion in 'Legal' started by 7.62X25mm, Dec 3, 2008.

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  1. 7.62X25mm

    7.62X25mm member

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    Think about it -- cigarette taxes are INTENDED to restrict access to teens, children by raising the price of tobacco beyond the reach of the young consumer.

    Gun grabbers generally state that the "intention" of ammo taxes is to make ammo more expensive, ipso facto to "restrict access."

    Article II, Bill of Rights states, (like I have to spell it out) " . . . the right of the people to keep and bear arms shall not be infringed."

    Seems like ANY tax on ammo, or firearms for that matter, would be an "infringement" imposed by the state upon the right of the people to keep and bear arms.

    No sales tax on firearms -- that would be infringement by the state.

    Which brings me to the next issue:

    Presumed innocence until proved guilty, and the burden of proof lies with the state -- ergo, the buyer should not have to PAY A FEE to NICS to prove to the state that he/she is "innocent" and accordingly entitled to purchase a firearm in a manner which is not otherwise "infringed" by state "taxes and fees."

    Innocence is presumed, and it is the burden of the state to prove otherwise. Accordingly, the state should bear the cost of any NICS check.

    Why don't we have a "pot stirring" smiley ???
     
  2. possom813

    possom813 Member

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  3. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Unfortunately Heller pretty much said that "shall not be infringed" doesn't really mean "shall not be infringed".
     
  4. taprackbang

    taprackbang member

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    Big time infringement.

    Who else infringes upon every facet of our life better
    than our All-knowing, all-seeing government??

    I am joking, of course
     
  5. Bubba613

    Bubba613 member

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    Write a letter, sue in court for recovery of your past NICS charges and ammo taxes.
    Let us know how it goes.
     
  6. 7.62X25mm

    7.62X25mm member

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    Wedge issue -- get a lower court to rule on the constitutional issues of ammo taxes, NICS fees. Then move it up the jurisdictional ladder.
     
  7. garymc

    garymc Member

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    Well, if there is a sales tax on everything you buy, then it isn't singling out guns or ammo. If there is an excise tax on boats, fishing tackle, ammo, guns, etc to support wildlife refuges, building boat ramps, hunting access, target ranges, etc, I can't see that as an attempt to limit access to guns. A tax on guns and ammo only would seem to me to be unquestionably an infringement. When you pay a gun dealer to transfer a gun he is required to do a NICS check, but doesn't pay for that call. His license fees or general taxes support the NICS system, but I'm pretty sure there is not a per call fee.
     
  8. divemedic

    divemedic Member

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    Actually, I think the OP has a valid point. What if we reinstated poll taxes? After all, they were used to disenfranchise the poor.

    How about "free speech taxes," a "religion fee," or perhaps required "warrant taxes" to prevent the police from searching your home.
     
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