Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: sig226
"There is a Supreme Court case that specifically addressed fees and taxes that were created to use the power to tax and turn it into a prohibition"

Even if you find the case you're looking for, what's the relevance? You've agreed that Congress has maintained the tax on guns, so obviously the ruling you're looking for didn't apply to that.

The Supreme Court, in Sonzinsky v. United States, 1937, held that the National Firearms Act was sustainable only as a revenue raising measure. Congress (and the states) have blatantly imposed taxes to discourage use -- "sin" taxes come to mind. I'm sure the taxes on cigarettes have prohibited many from smoking. Yet all are constitutional.

(Perhaps you're thinking of the 1991 case, US v. Rock Island Armory, Inc., where the court ruled the tax on machine guns unconstitutional. This resulted because the government completely ceased accepting registrations for machine-guns upon passage of section 922(o), thus removing the "constitutional legitimacy of registration as an aid to tax collection.")

34 posted on 01/01/2007 6:10:59 AM PST by robertpaulsen
[ Post Reply | Private Reply | To 33 | View Replies ]


To: robertpaulsen

bttt


35 posted on 01/01/2007 6:24:21 AM PST by litehaus (A memory tooooo long)
[ Post Reply | Private Reply | To 34 | View Replies ]

To: robertpaulsen
It wasn't a gun case. That and the fact that insane machine gun prices have made the $200 tax seem cheap are the reasons it hasn't been applied. While a $200 tax for a $300 silencer is prohibitive, we are also dealing with inflation and a stupid majority in many states. They will say that $200 isn't much to keep these things out of the hands of criminals . . .

It would be nice if the congress did what the laws mandate it to do, but that only happens in the Bizarro World.

37 posted on 01/01/2007 6:34:52 AM PST by sig226 (See my profile for the democrat culture of corruption list.)
[ Post Reply | Private Reply | To 34 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson