2aHawaii

General Topics => Legal and Activism => Topic started by: mauidog on December 25, 2015, 11:24:08 AM

Title: Gun Dealers May Have to Pay For Crimes Committed With Weapons They Sell
Post by: mauidog on December 25, 2015, 11:24:08 AM
Judge Rules Gun Dealers May Have to Pay For Crimes Committed With Weapons They Sell

Quote
Seattle will be ringing in 2016 with new gun control legislation.

On Tuesday, King County Superior Court Judge Palmer Robinson ruled that a new tax on guns and ammo would go into effect
on Jan. 1, in a case gun rights activists brought against the city. Robinson's decision aligned with City Council's unanimous
vote in August, approving a tariff of $25 per gun and 2 or 5 cents per round of ammunition for sellers.

In the eyes of NRA members — the plaintiffs, alongside the Second Amendment Foundation and the National Shooting Sports
Foundation — Robinson's ruling flouted the law. But during the case's hearing, a lawyer defending the city testified that the
levy is perfectly kosher. The key is the difference between taxation and regulation, the Seattle Times reported.

Attorney William Abrams stated, "Taxation is to raise revenue, and cities have broad powers to raise revenue through a variety
of taxes."

Quote
Seattle Mayor Ed Murray said he believes this victory will help spur future change. "For too long, we have had insufficient
research and data on gun violence to help guide our response. We will now have critical funding to advance our work on
gun-violence research and prevention," Murray said.

http://news.yahoo.com/judge-rules-gun-dealers-may-214422044.html
Title: Re: Gun Dealers May Have to Pay For Crimes Committed With Weapons They Sell
Post by: mauidog on December 25, 2015, 11:32:05 AM
I believe poll taxes were ruled unconstitutional in that they infringed on a Constitutional Right to vote, because it made voting more difficult for those unable or unwilling to pay for the "privilege" of casting a ballot.

I'm confused why the particular right to keep and bear arms, also protected as a Constitutional Right, is viewed any differently? 

Taxing any right should be automatically recognized as an attempt to deny it.  In particular, this taxation affects those who can least afford the additional cost - the same people who are most likely in need of exercising this right!.
Title: Re: Gun Dealers May Have to Pay For Crimes Committed With Weapons They Sell
Post by: suka on December 25, 2015, 12:00:15 PM
Tea Tax ?
Look what happened afterwards.
Title: Re: Gun Dealers May Have to Pay For Crimes Committed With Weapons They Sell
Post by: ren on December 25, 2015, 12:55:02 PM
I believe that we live in a different and more complacent time. We are enjoying the fruits of labor from previous generations and are still lavishing in it. We are complacent as we are relishing the candy the current govt. gives us i.e. recreational marijuana use, freedoms of marriage, gender identification...who cares about self-protection...that's what the govt. is for! Call 911! Especially if you see the Elf fall from the shelf
Title: Re: Gun Dealers May Have to Pay For Crimes Committed With Weapons They Sell
Post by: oldfart on December 25, 2015, 02:37:17 PM
I believe poll taxes were ruled unconstitutional in that they infringed on a Constitutional Right to vote, because it made voting more difficult for those unable or unwilling to pay for the "privilege" of casting a ballot.

I'm confused why the particular right to keep and bear arms, also protected as a Constitutional Right, is viewed any differently? 

Taxing any right should be automatically recognized as an attempt to deny it.  In particular, this taxation affects those who can least afford the additional cost - the same people who are most likely in need of exercising this right!.
...
I was thinking the same thing. Taxing a right is wrong.
Title: Re: Gun Dealers May Have to Pay For Crimes Committed With Weapons They Sell
Post by: eyeeatingfish on December 26, 2015, 08:41:05 PM
unless they were negligent in their sale this is retarded. Will this be a standard on every product? Cars, booze, knives, etc?
Title: Re: Gun Dealers May Have to Pay For Crimes Committed With Weapons They Sell
Post by: mauidog on December 26, 2015, 09:33:34 PM
unless they were negligent in their sale this is retarded. Will this be a standard on every product? Cars, booze, knives, etc?

It started with tobacco products, supposedly collecting taxes on the sales to educate new users of the dangers, and for helping defray medical costs for those who are affected by the products.

How they spend the money is a mystery.  I'd like to find a report of just how effectively this tax money has been spent.
Title: Re: Gun Dealers May Have to Pay For Crimes Committed With Weapons They Sell
Post by: edster48 on December 27, 2015, 06:15:26 AM
The city's lawyer is wrong.

You cannot tax a right granted in the Constitution, the SCOTUS has ruled on this.

Murdock v Pennsylvania, 319 us 105. 1943

https://supreme.justia.com/cases/federal/us/319/105/case.html (https://supreme.justia.com/cases/federal/us/319/105/case.html) 



Pay particular attention to section 4 in the annotations. The opinion is quite clear.
Title: Re: Gun Dealers May Have to Pay For Crimes Committed With Weapons They Sell
Post by: suka on December 27, 2015, 07:21:24 AM
A tax has been levied  on the NFA since 1932.  All handguns were once a NFA item.