PNW Guns Forum
Go Back   PNW Guns > PNW Guns > Gun Rights

Reply
 
LinkBack Thread Tools Display Modes
Old 04-24-2014, 11:16 PM   #1
Gunslinger
 
Joined: Jun 2013
From: Bellingham, WA
Posts: 46
Suing over NFA taxes?

Given that you can't tax a right and that the 2nd Amendment has been affirmed several times by the US Supreme Court as a right of the people, shouldn't the $200 tax for short-barrels and suppressors be illegal? Has anyone done any serious research on opening up that can of worms?
 
Join PNW Guns


Welcome to PNW Guns, a gun and firearm community for gun owners in the Pacific Northwest. We welcome everyone and the community is free to join so register today and become part of the PNW Guns family!


Old 04-25-2014, 05:53 AM   #2
Marksman
 
BigStick's Avatar
 
Joined: Jan 2010
From: Sherwood, OR
Posts: 371
I had thought about the same question. The place they might get us is the SCOTUS ruling refered to weapons in common use (which I vehemently dissagree with as any test or standard, but that is how it is now). You would have a lot harder time justifying those items as being in common use, but only BECAUSE they are taxed and regulated. It is an interesting question though.
 
Old 04-25-2014, 01:50 PM   #3
Gunslinger
 
Joined: Jun 2013
From: Bellingham, WA
Posts: 46
I would expect that a smart lawyer would argue that those items WOULD be in common use had the government not interfered and thus cut that gordian knot.
 
Old 04-25-2014, 03:23 PM   #4
Marksman
 
BigStick's Avatar
 
Joined: Jan 2010
From: Sherwood, OR
Posts: 371
Although with ammo the way it has been, I don't think a lot of people would actually be taking advantage of their full auto guns. I certainly would be using them sparingly :) I can't afford to shoot my semi-autos as much as I would like. Can't even imagine how expensive it would be taking friends out to let them try my different guns if I had a few full autos.
 
Old 06-10-2014, 09:30 AM   #5
Peashooter
 
WalterSobchak's Avatar
 
Joined: Jun 2014
From: Spokane, WA
Posts: 4
Quote:
Originally Posted by frotz View Post
Given that you can't tax a right and that the 2nd Amendment has been affirmed several times by the US Supreme Court as a right of the people, shouldn't the $200 tax for short-barrels and suppressors be illegal? Has anyone done any serious research on opening up that can of worms?
The issue is the "reasonable restrictions" that every affirming opinion contains, including Heller.

Quote:
Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. District of Columbia v. Heller, 554 U.S. 570, 626, 128 S.Ct. 2783, 2816 (U.S.,2008)
So, a challenge to the use tax for automatic weapons will fail, because the government regulation of those items is one rightfully "limited," in the Court's view.

The first step to eliminating the tax is to eliminate the limitation--and not even the current, conservative SCOTUS is going to allow unregulated ownership of machine guns.
 
Reply

  PNW Guns > PNW Guns > Gun Rights

Tags
lawsuit, nfa, rights, suing, tax, taxes



Thread Tools
Display Modes



Facebook @pnwguns PNW Guns RSS Feed

Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.6.0 ©2011, Crawlability, Inc.
Copyright 2009 - 2010 PNW Guns. All rights reserved.