How about this issue:
The Pittman-Robertson Excise Taxes, long supported by firearms manufacturers and gun rights organizations, may represent a conflict of interest in light of the Heller Decision.
The Heller Decision opens the door to lawsuits challenging special firearms and ammunition taxes on 2nd Amendment grounds - even those taxes that benefit hunting and shooting sports!
The question of special taxes - even small ones - on any aspect of a constitutionally protected right was settled by the Supreme Court 25 years ago in a Freedom of the Press, 1st Amendment challenge.
In Minneapolis Star v Minnesota ,(1983), SCOTUS ruled that raw newsprint (paper) cannot be subject to any special taxes, regardless of how minimal the tax, without violating the the 1st Amendment's protection of the Press. By this standard, the Heller decision could lead to the elimination special taxes placed only on guns and ammunition as a violation of 2nd Amendment protections.
The Pittman-Robertson Act (Section 4181), federal excise taxes on firearms and ammunition could be eliminated. Since 1937, these taxes have pumped over $5 billion into conservation, wildlife management and hunter safety programs. "In 2007, the firearms and ammunition industry contributed a total of $303.2 million in excise taxes, up 21.2 percent from the $250.1 million in 2006." (NSSF press release June 23, 2008)
It is, however, highly unlikely the firearms industry would initiate any constitutional challenge to these excise taxes - even if "...the Second Amendment is not about duck hunting."
Consider again:
In Minneapolis Star v Minnesota, the Supreme Court concluded:
"...differential taxation that selectively burdens the exercise of a fundamental right is impermissable."
According to attorney John Snyder: "To preserve our Second Amendment rights, we need to end the support of the firearms industry for excise taxes that further its interests..."
What say you?
-----------------------------------------------------------
Ref:
John Snyder, Arms, Law and Society No. 1, Spring 1995
http://www.firearmsandliberty.com/ (Look under Great Reading)
NSSF Press Release June 23, 2008
http://nssf.org/news/index.cfm
The Pittman-Robertson Excise Taxes, long supported by firearms manufacturers and gun rights organizations, may represent a conflict of interest in light of the Heller Decision.
The Heller Decision opens the door to lawsuits challenging special firearms and ammunition taxes on 2nd Amendment grounds - even those taxes that benefit hunting and shooting sports!
The question of special taxes - even small ones - on any aspect of a constitutionally protected right was settled by the Supreme Court 25 years ago in a Freedom of the Press, 1st Amendment challenge.
In Minneapolis Star v Minnesota ,(1983), SCOTUS ruled that raw newsprint (paper) cannot be subject to any special taxes, regardless of how minimal the tax, without violating the the 1st Amendment's protection of the Press. By this standard, the Heller decision could lead to the elimination special taxes placed only on guns and ammunition as a violation of 2nd Amendment protections.
The Pittman-Robertson Act (Section 4181), federal excise taxes on firearms and ammunition could be eliminated. Since 1937, these taxes have pumped over $5 billion into conservation, wildlife management and hunter safety programs. "In 2007, the firearms and ammunition industry contributed a total of $303.2 million in excise taxes, up 21.2 percent from the $250.1 million in 2006." (NSSF press release June 23, 2008)
It is, however, highly unlikely the firearms industry would initiate any constitutional challenge to these excise taxes - even if "...the Second Amendment is not about duck hunting."
Consider again:
In Minneapolis Star v Minnesota, the Supreme Court concluded:
"...differential taxation that selectively burdens the exercise of a fundamental right is impermissable."
According to attorney John Snyder: "To preserve our Second Amendment rights, we need to end the support of the firearms industry for excise taxes that further its interests..."
What say you?
-----------------------------------------------------------
Ref:
John Snyder, Arms, Law and Society No. 1, Spring 1995
http://www.firearmsandliberty.com/ (Look under Great Reading)
NSSF Press Release June 23, 2008
http://nssf.org/news/index.cfm