2nd Amendment Issue: Firearms & Ammunition Excise Tax Unconstitutional?

[RMc]

What about Taxes and Fees imposed on a Individual Civil Right?  Is not the power to tax also the power to destroy?

The Heller Decision opens the door to lawsuits challenging special firearms and ammunition taxes on 2nd Amendment grounds - even those taxes that benefit hunting and shooting sports!

The question of special taxes - even small ones - on any aspect of a constitutionally protected right was settled by the Supreme Court 25 years ago in a Freedom of the Press, 1st Amendment challenge.

In Minneapolis Star v Minnesota ,(1983), SOTUS ruled that raw newsprint paper cannot be subject to any special taxes, regardless of how minimal the tax, without violating the the 1st Amendment's protection of the Press. By this standard, the individual right to keep and bear arms would put an end to special taxes on guns and ammunition for violating th 2nd Amendment's protection.

Unintended consequences:

The Pittman-Robertson Act (Section 4181), federal excise taxes on firearms and ammunition could be eliminated. Since 1937, these taxes have pumped over $5 billion into conservation, wildlife management and hunter safety programs. "In 2007, the firearms and ammunition industry contributed a total of $303.2 million in excise taxes, up 21.2 percent from the $250.1 million in 2006." (NSSF press release June 23, 2008)

It is, however, highly unlikely the firearms industry would initiate any constitutional challenge to these excise taxes - even if "...the Second  Amendment is not about duck hunting."

Consider again:

In Minneapolis Star v Minnesota, the Supreme Court concluded:
"...differential taxation that selectively burdens the exercise of a fundamental right is impermissable."

As many have said, ...Heller is the first step.
It should prove to be an interesting journey

Ralph McLaney

Ref:
John Snyder, Arms, Law and Society No. 1, Spring 1995
http://www.firearmsandliberty.com/
NSSF Press Release June 23, 2008
http://nssf.org/news/index.cfm

[Hazcat]

We may have to challenge this act simply because you know the antis will try to 'control guns' with exorbitant taxation.

[1776 Rebel]

It is, however, highly unlikely the firearms industry would initiate any constitutional challenge to these excise taxes


It certainly is the right of any one individual or class who is paying the tax (you and me) to initiate a case. The lawyers I am sure are going to having a BIG party this weekend!

[Pathfinder]

It is, however, highly unlikely the firearms industry would initiate any constitutional challenge to these excise taxes


It certainly is the right of any one individual or class who is paying the tax (you and me) to initiate a case. The lawyers I am sure are going to having a BIG party this weekend!

For once, I am glad the lawyers have something to do.

[RMc]

It is, however, highly unlikely the firearms industry would initiate any constitutional challenge to these excise taxes


It certainly is the right of any one individual or class who is paying the tax (you and me) to initiate a case. The lawyers I am sure are going to having a BIG party this weekend!

Not quite:  The FAET excise tax is paid by the manufacturer.  Even though the consumer utimately pays the tax in increased prices, only the actual taxpayer would have standing to challenge the tax in court.

[Sponsor]

[ericire12]

It sure would bring down prices of ammo.

[TAB]

One of the very few powers granted to the federal goverment is the power to tax... They are not going to give that up with out one hell of a fight.


currently the tax does not stop people from getting a firearm.   If they were to go the route that they did with illegal drugs,  then that would be a battle that could be won.  ( drugs are not illegal, they are taxed, you need  stamp to pocess them.  Only one prob, they never printed the stamps.)

[tombogan03884]

Just from reading RMc's first post, I think TAB's conclusion is incorrect ( NOTE: I use the EZ form to file  )
However, RMc posts about a tax on News print being declared unconstitutional, Paper would not seem to be covered by  1st amendment until it has something printed on it, However it is a Nessacary raw material , along with ink, pencils etc. to Freedom of the press. Poll taxes have been declared unconstitutional.
My interpetation of the info here is that despite Governments Justifiable power to levy taxes, there are limits to where that power can be excersised, just as We can not use "Freedom of speech to justify yelling fire in a crowded theater.
Comments ?

[ericire12]

currently the tax does not stop people from getting a firearm. 

Disenfranchisement.

[tt11758]

Disenfranchisement.

Silly boy, you can't be disenfranchised unless you're a liberal, don't you know that?