San Jose to tax gun owners, will confiscate firearms for noncompliance

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  • MadisonsGhost

    Member
    Apr 8, 2020
    2
    Should be unconstitutional

    Putting a tax on your already owned firearms should be unconstitutional, for the simple reason that it puts a condition on a right. You'd no longer own the gun because you have a right to, but because you've paid a tax. A right with a provision like that isn't a right, it's a privilege. And privileges can be taken away (as the law threatens), but a right cannot (according to the founding document of this country). And it ain't the Bill of Privileges.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    A right with a provision like that isn't a right, it's a privilege. And privileges can be taken away (as the law threatens), but a right cannot (according to the founding document of this country). And it ain't the Bill of Privileges.

    Sadly, all post-Heller 2A jurisprudence in 1st, 2nd, 4th, and 9th CAs disagrees.
     

    clint west

    Member
    Aug 29, 2015
    44
    maryland
    So if you dont pay the tax, you get a punitive swat raid and while they're ripping the drywall off your walls all drunked up on swat, you inform them that you moved your gun to storage in Nevada.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    So if you dont pay the tax, you get a punitive swat raid and while they're ripping the drywall off your walls all drunked up on swat, you inform them that you moved your gun to storage in Nevada.

    This sounds like a good argument for the 2A.
     

    777GSOTB

    Active Member
    Mar 23, 2014
    363
    They've been taxing the right by way of a license tax for quite sometime now. So now a " gun tax " isn't ok? You guys aren't very consistent. Most here gleefully promote a National License to Carry. And don't bitch about having to get Carry Insurance when that happens either, you all want it.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    They've been taxing the right by way of a license tax for quite sometime now. So now a " gun tax " isn't ok? You guys aren't very consistent. Most here gleefully promote a National License to Carry. And don't bitch about having to get Carry Insurance when that happens either, you all want it.

    Here we go again…

    “Most here”
    “You guys”
    “You all”


    You da man. Don’t tread on you.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,687
    They've been taxing the right by way of a license tax for quite sometime now. So now a " gun tax " isn't ok? You guys aren't very consistent. Most here gleefully promote a National License to Carry. And don't bitch about having to get Carry Insurance when that happens either, you all want it.

    Take a deep breath.

    Nobody here likes or wants a gun tax.

    Nobody here would prefer a national license over constitutional carry. (Mostly nobody).

    Anybody who carries would rather carry insurance than be bankrupted by the courts if they are involved in a shooting.

    Most people here are pretty well battered by MD and its insane laws and all the rabid Karens. Most of us would take the tradeoff of licensing as opposed to not being allowed to carry. We wouldn't like it, but it's better than the alternative.

    You need to stop gleefully bashing people who are on your presumed side. We don't like the status quo, and we don't like being called "most guys" and we don't like judgemental keyboard commandos whose contributions are all negative and insulting.

    People who act out that way are responsible for driving away a number of reasonable and intelligent posters, and filling the void with invective and trash-talking. That's Troll behavior.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    They've been taxing the right by way of a license tax for quite sometime now. So now a " gun tax " isn't ok? You guys aren't very consistent. Most here gleefully promote a National License to Carry. And don't bitch about having to get Carry Insurance when that happens either, you all want it.

    Well most here support constitutional carry, but it’s not going to happen in every state right now, so we’re stuck with the permits.
    On that note however if San Jose just puts a “tax” on guns, ammo, exc, it probably won’t be looked upon favorably by a court, however a license will magically look OK to a court.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    Well most here support constitutional carry, but it’s not going to happen in every state right now, so we’re stuck with the permits.
    On that note however if San Jose just puts a “tax” on guns, ammo, exc, it probably won’t be looked upon favorably by a court, however a license will magically look OK to a court.

    We’ll see how they frame it. Any fee necessary to continue enjoying ownership of something you already own is likely to be knocked out quickly. You can’t put a fee on that which is a right. Likewise, if SCOTUS finds carry outside the home is a core right enumerated in the 2A, permits will go bye-bye UNLESS the fee goes to the maintenance of that right (state sponsored training, shooting ranges etc.).
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    We’ll see how they frame it. Any fee necessary to continue enjoying ownership of something you already own is likely to be knocked out quickly. You can’t put a fee on that which is a right. Likewise, if SCOTUS finds carry outside the home is a core right enumerated in the 2A, permits will go bye-bye UNLESS the fee goes to the maintenance of that right (state sponsored training, shooting ranges etc.).

    Unfortunately Scotus passed on the NYC 340 dollar premises license fee a few years ago so I doubt any nominal fee license will be struck anytime soon.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Unfortunately Scotus passed on the NYC 340 dollar premises license fee a few years ago so I doubt any nominal fee license will be struck anytime soon.

    While that's true this should have been pretty low hanging fruit much like Caetano. I think it would not have been a stretch to say they could have easily got votes from Kennedy & Roberts and perhaps even a lib or two.

    If the court had ruled the 340 dollar fee was excessive, this would not be something the media could seize upon and say that our streets would be less safer. Thus the politics of the case are somewhat blunted.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    We’ll see how they frame it. Any fee necessary to continue enjoying ownership of something you already own is likely to be knocked out quickly. You can’t put a fee on that which is a right. Likewise, if SCOTUS finds carry outside the home is a core right enumerated in the 2A, permits will go bye-bye UNLESS the fee goes to the maintenance of that right (state sponsored training, shooting ranges etc.).

    Property taxes have been well supported since the founding of the country.

    That said, this one is much likelier to be on shaky ground.
     

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