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State ban against online cigarette sales begins today
TheJournalNews.com ^
| June 18, 2003
| ALLAN DRURY
Posted on 06/19/2003 7:49:42 AM PDT by Just another Joe
Edited on 05/07/2004 8:12:58 PM PDT by Jim Robinson.
[history]
New Yorkers who have been dodging the state's sales tax on cigarettes by buying their cigarettes online lose that right today due to a law that was passed in 2000 but has been bottled up in litigation.
The law, which is still being challenged by pro-tobacco interests, prohibits the delivery of cigarettes purchased over the Internet to a consumer in this state and specifically targets Internet sales. A violation is a class A misdemeanor and can bring a jail sentence of up to a year.
(Excerpt) Read more at thejournalnews.com ...
TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: New York
KEYWORDS: butts; cigarettes; internet; pufflist; smokenazis; smoking; taxes
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How long before the black market takes over completely?
To: Just another Joe
How can they ban sales over the Net? That does NOT seem right!
2
posted on
06/19/2003 7:53:40 AM PDT
by
Calpernia
(Remember the three R's: Respect for self; Respect for others; Responsibility for all your actions.)
To: *puff_list; SheLion; Gabz; Max McGarrity
Here comes the black market, folks.
Criminals for thousands of miles are probably loading up panel vans as we speak.
3
posted on
06/19/2003 7:54:00 AM PDT
by
Just another Joe
(FReeping can be addictive and helpful to your mental health)
To: Just another Joe
IT'S FOR THE CHILDREN!
To: Calpernia
How can they ban sales over the Net?They're not banning the sales of cigarettes, they're banning the SHIPMENT of cigarettes bought out of state INTO the state.
5
posted on
06/19/2003 7:55:16 AM PDT
by
Just another Joe
(FReeping can be addictive and helpful to your mental health)
To: Just another Joe
But how can you control who purchases what over the Internet?
Would that mean monitoring your mail?
6
posted on
06/19/2003 7:56:22 AM PDT
by
Calpernia
(Remember the three R's: Respect for self; Respect for others; Responsibility for all your actions.)
To: StatesEnemy
IT'S FOR THE CHILDREN!It always is. :^(
7
posted on
06/19/2003 7:57:25 AM PDT
by
Just another Joe
(FReeping can be addictive and helpful to your mental health)
To: Just another Joe
When I ordered online last night, the vendor had a warning that orders from NY would no longer be honored. I don't know what other vendors are doing, but mine apparently would rather switch than fight.
8
posted on
06/19/2003 7:59:25 AM PDT
by
Camachee
To: Just another Joe
Native American online retailers have begun using the U.S. Postal Service as a loophole to deliver cigarettes to their New York State customers because the law prohibits common carriers, such as UPS, from delivering tobacco products resulting from Internet sales.
9
posted on
06/19/2003 8:01:12 AM PDT
by
alisasny
To: Calpernia
Again, they're are not banning the sale.
They are going to hold the shipping companies liable for any shipments of cigarettes into the state. They are not even going after the consumer or the online companies doing the selling.
Every shipment has a shipping order on it, normally stating what is in the shipment. If it's cigarettes, tough.
10
posted on
06/19/2003 8:03:19 AM PDT
by
Just another Joe
(FReeping can be addictive and helpful to your mental health)
To: Just another Joe
Yes; but see post #9 above. A 'box' is a box. You can pack cigs any way you want.
11
posted on
06/19/2003 8:05:34 AM PDT
by
Calpernia
(Remember the three R's: Respect for self; Respect for others; Responsibility for all your actions.)
To: alisasny
Native American online retailers have begun using the U.S. Postal Service as a loophole to deliver cigarettes to their New York State customersI had heard that might be a loophole.
But really, what's the difference? The USPS is no longer a government entity. What's to keep the law from affecting them also?
12
posted on
06/19/2003 8:06:32 AM PDT
by
Just another Joe
(FReeping can be addictive and helpful to your mental health)
To: Calpernia
A 'box' is a box.I agree, but at the most it is a loophole.
Loopholes can be tightened and closed.
13
posted on
06/19/2003 8:07:53 AM PDT
by
Just another Joe
(FReeping can be addictive and helpful to your mental health)
To: Calpernia
Technically, the shipment part of the law only applies to common carriers such as UPS or FedEx. A state can't regulate what get's sent through the USPS, without federal approval (such as is the case with certian material relating to alcohol).
I've seen people who call this an infringment on their right to buy cigarettes. Sorry, the people of New York, rightly or wrongly, elected represenatives who prhobited people under 18 from purchasing tobacco products, and imposed excise and sales taxed on tobacco. You have no right to evade taxes. Even the anti-tax protesters agree that states can impose excise tax.
14
posted on
06/19/2003 8:08:18 AM PDT
by
NYFriend
To: Just another Joe
How long before the black market takes over completely?Not long
15
posted on
06/19/2003 8:08:45 AM PDT
by
1Old Pro
(The Dems are self-destructing before our eyes, How Great is That !)
To: Camachee
When I ordered online last night, the vendor had a warning that orders from NY would no longer be honored.I wonder if that affects loose tobacco also?
If not, another reason to stuff your own.
16
posted on
06/19/2003 8:08:54 AM PDT
by
Just another Joe
(FReeping can be addictive and helpful to your mental health)
To: Just another Joe
Picture this. I'm a virtual company. My product is not cigs; but for arguement sake, let's say it is.
I have shipping accounts with Stamps.com, UPS and Fedex.
I make sales on my ecommerce site, I pack the cartons myself and call for a pick up.
How do you know what is packed in my boxes? I just confirm it is not radio active or non toxic materials. Box is delivered, voula, cigs are delivered.
17
posted on
06/19/2003 8:10:27 AM PDT
by
Calpernia
(Remember the three R's: Respect for self; Respect for others; Responsibility for all your actions.)
To: Just another Joe
Picture this. I'm a virtual company. My product is not cigs; but for arguement sake, let's say it is.
I have shipping accounts with Stamps.com, UPS and Fedex.
I make sales on my ecommerce site, I pack the cartons myself and call for a pick up.
How do you know what is packed in my boxes? I just confirm it is not radio active or non toxic materials. Box is delivered, voula, cigs are delivered.
18
posted on
06/19/2003 8:10:28 AM PDT
by
Calpernia
(Remember the three R's: Respect for self; Respect for others; Responsibility for all your actions.)
To: NYFriend
Evading taxes is the responsibility of the person evading. Not a commerce industry. The person not declaring their purchases needs to be fined. Not business owners.
19
posted on
06/19/2003 8:12:17 AM PDT
by
Calpernia
(Remember the three R's: Respect for self; Respect for others; Responsibility for all your actions.)
To: Just another Joe
And this is going to be enforced exactly how?
Has the Fourth Amendment been repealed?
Will they open and inspect every package delivered to my house?
Inquiring minds simply wonder...
20
posted on
06/19/2003 8:23:32 AM PDT
by
Publius6961
(Californians are as dumm as a sack of rocks)
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