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To: cbkaty

Technically, all Congress needs to do is say you need a tax stamp to own a handgun, then simply not print up any tax stamps. That’s a full proof method to get around the 2nd amendment.


716 posted on 11/11/2007 1:28:17 PM PST by RigidPrinciples
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To: RigidPrinciples
Technically, all Congress needs to do is say you need a tax stamp to own a handgun, then simply not print up any tax stamps. That’s a full proof method to get around the 2nd amendment.

Or re-institute an Assault Weapons Ban, and expand the defenition of "assault weapon" to include handguns.

722 posted on 11/11/2007 2:40:32 PM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: RigidPrinciples
Please, don't give them any ideas! They're far enough off the wall as it is.
725 posted on 11/11/2007 2:52:29 PM PST by ArmyTeach (Our soldiers - my heroes)
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To: RigidPrinciples
"Technically,. . . "

Naw! Technically, "shall not be infringed" is not ambiguous.

727 posted on 11/11/2007 3:25:08 PM PST by Eastbound
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To: RigidPrinciples
Technically, all Congress needs to do is say you need a tax stamp to own a handgun, then simply not print up any tax stamps. That’s a full proof method to get around the 2nd amendment.

No, that's not true. The "tax" that is really just a regulatory power grab was first applied to drugs with the Harrison Act in 1914, then expanded to guns with the NFA in 1934. In the Miller case, Miller's attorneys did claim that this was a usurpation of power, not a tax, but that claim was denied based on the earlier Sonzinsky case and on a bunch of drug cases making the same claim.

Later, when the tax power proved too limiting, Congress turned to the power to regulate commerce among the states as a basis for federal regulatory authority over guns. The gungrabbers were, once again, following in the trails blazed by the drug warriors when it came to this kind of use of the commerce clause. Their efforts were rewarded in 2005 when the Stewart case about homegrown machine guns for personal use was decided based on the decision in the Raich case about homegrown cannabis plants for personal use.

Neither method of asserting nonexistent authority gets around the 2nd amendment, they simply get around the fact that Congress was never supposed to have general police/regulatory powers, which were to be held by the States and the People. To get around the 2nd amendment, they will have to show a compelling need to exercise the regulatory powers they have usurped.
759 posted on 11/12/2007 12:56:03 PM PST by publiusF27
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