2aHawaii
General Topics => General Discussion => Topic started by: aletheuo137 on February 07, 2022, 07:52:52 AM
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https://www.thegatewaypundit.com/2022/02/san-jose-mayor-firearms-will-confiscated-gun-owners-dont-pay-city-fee-liability-insurance/
San Jose’s city council passed a measure last month requiring gun owners to pay a $25 “harm reduction” fee and liability insurance or relinquish their firearms to the government, making the city the first in the nation to impose an annual fee on law-abiding, firearm owning citizens.
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Bet HI going be quick to jump on dat if it holds up in court. I still tink dey shud make a yearly registration fee fo surfboards. Wud be good source of extra income fo da state.
Disclaimer: I no surf.
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https://www.thegatewaypundit.com/2022/02/san-jose-mayor-firearms-will-confiscated-gun-owners-dont-pay-city-fee-liability-insurance/
San Jose’s city council passed a measure last month requiring gun owners to pay a $25 “harm reduction” fee and liability insurance or relinquish their firearms to the government, making the city the first in the nation to impose an annual fee on law-abiding, firearm owning citizens.
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Will it stand up in court?
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Reminds me of the RAPBACK fee and how charging extra "fees" was not allowed. But rapback's excuse was it cost that much to process the paperwork. Compare to a "harm reduction" fee.
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The Supreme Court ruled that "A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution. P. 319 U. S. 113."
https://supreme.justia.com/cases/federal/us/319/105/#:~:text=The%20tax%20imposed%20by%20the,Magnano%20Co.
While I disagree with the wording (rights exist independently of whether the Constitution "grants" it), I think this is the issue. No state can charge you a fee, tax or anything else in order to exercise a Constitutional right.
To do so restrains in advance the exercise of one's liberties, and it tends suppress their exercise.
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The Supreme Court ruled that "A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution. P. 319 U. S. 113."
https://supreme.justia.com/cases/federal/us/319/105/#:~:text=The%20tax%20imposed%20by%20the,Magnano%20Co.
While I disagree with the wording (rights exist independently of whether the Constitution "grants" it), I think this is the issue. No state can charge you a fee, tax or anything else in order to exercise a Constitutional right.
To do so restrains in advance the exercise of one's liberties, and it tends to suppress their exercise.
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Holy constitutional rights violation Batman!
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Somewhere in the back room of the state legislature, some snarky gubmint official is going to sneak a carbon tax in our laws which allows them to tax ammo as a source of pollution, and since the tax will be applied to diesel fuel, oil, etc., it won't be seen as a tax singling out one item. This is why we pay a gross excise tax on guns and ammo right now, even with a second amendment.