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Biden’s Proposed Gun Tax Unconstitutional, Expert Says
epoch times ^ | 11/22/2020 | ntd tv

Posted on 11/23/2020 7:49:31 AM PST by bitt

Democratic presidential candidate Joe Biden wants to put in place a tax on certain guns that people already own.

According to one analysis, the plan could cost current gun owners across the country a total of up to $34 billion.

Biden wants to enact legislation to ban the manufacture and sale of “assault” weapons and high-capacity magazines.

He also plans to include those weapons into the National Firearms Act in order to impose a $200 tax for each gun that someone possesses already.

Nicholas Giordano, a Professor of Political Science at Suffolk Community College, says Biden’s proposal goes against the constitution.

Biden argues that the National Firearms Act has been in place since 1934.

But the 1934 act and its tax only apply to when a gun is manufactured. Not to already possessed ones.

Giordano says this year’s lockdown and violent riots in cities across the United States made people across the whole political spectrum realize how important gun ownership is.


TOPICS: Constitution/Conservatism; Extended News; Government; Politics/Elections
KEYWORDS: banglist; biden; guntax
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To: Codeflier

I wonder how they think they are going to confiscate all the weapons?


41 posted on 11/23/2020 9:25:26 AM PST by abbastanza
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To: abbastanza

You’d probably be surprised how many will just roll over and turn them in as that’s suppose to be an option. It’s the threat of being labeled a felon.


42 posted on 11/23/2020 9:30:20 AM PST by CodeJockey (Dum Spiro, Pugno)
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To: stylin19a

Agree!


43 posted on 11/23/2020 9:41:26 AM PST by Enterprise
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To: bitt
In the USA, the power to tax is considered the power to destroy. Go figure where this is heading.


44 posted on 11/23/2020 9:45:02 AM PST by magooey (The Mandate of Heaven resides in the hearts of men.)
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To: bitt

The Miller case (sawed off shotgun) was a tax case, and SCOTUS said then, in that case, that it was unconsitutional to tax RKBA. It also said that if a sawed off shotgun had a military use, it could not be taxed.

Fast forward to same law, same tax, and it was upheld by SCOTUS as not an infringement of the RKBA. Even outright unconstitutional bans become constitional if allowed to fest long enough. That’s the Heller case.

SCOTUS and the government operate by brute force, not by logic, reason, or moral authority. We are totaliarian, just a function of degree.


45 posted on 11/23/2020 9:47:00 AM PST by Cboldt
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To: PROCON

Something for all to keep in mind...

There are neighbors, family, “friends”, social contacts, coworkers and such that WILL snitch on you out of their own sheer delight, therefore it is a good practice to keep information closely guarded and certain discussions limited to ONLY those you trust fully.

Disinformation is good for those who may already have knowledge directly, or from hearsay,such as “I disassembled the still out back”, or “I’m selling most of my firearms to pay off credit cards, are you interested?” Followed later with “I never thought I’d get as much for them as I did! Sorry, a buddy, coworker and a family member bought them, now it’s nice to not have the credit card debt, frees up money to put toward the mortgage”

Choose wisely grasshopper!

Thoughts?

p.s. Thank you for the pings


46 posted on 11/23/2020 9:47:30 AM PST by SheepWhisperer (My enemy saw me on my knees, head bowed and thought they had won until I rose up and said Amen!)
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To: bitt

constitution, constitution- seems I’ve heard tht word before-


47 posted on 11/23/2020 9:49:09 AM PST by Bob434
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To: Dead Corpse

The one I get a kick out of is Presser. This was universally cited by Circuit courts as holding states are free to limit RKBA, the 2nd amendment being applied only against the feds.

This blatant dishonesty is child’s play to the courts, which routinely cherry pick a sentence out of context in order to get the result. Intellectually corrupt institution.

https://supreme.justia.com/cases/federal/us/116/252/

“It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, and, in view of this prerogative of the general government, as well as of its general powers, the states cannot, even laying the constitutional provision in question [2nd A] out of view, prohibit the people from keeping and bearing arms so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government. But as already stated, we think it clear that the sections under consideration [parade permitting law] do not have this effect.”

Presser says the states cannot prohibit, but Circuit courts applied Presser for the opposite. SOCUTS knew this and never, not in 40 years, never, not one time, make an effort to correct. The courts are hoostile to the RKBA, and generally hostile to the power of the people. Courts are government protection systems, not government curtailment systems. Them vs. us.


48 posted on 11/23/2020 9:55:58 AM PST by Cboldt
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To: bitt

If SCOTUS ( Chief A$$hat Roberts)found that draconian Obamacare was justified as a tax, there won’t be much of a problem finding that the gun tax is a tax.

Our expert may be right, but the fact is that SCOTUS itself has been politicized.

That’s why the Dems have let the murder rates run up in ALL major sanctuary cities ( Chicago, New York, Los Angeles etc.)
because with such out of control gun violence due to lax bail laws and defunding the police gang units, they intend to make the public so fearful that they will accept anti 2nd amendment gun tax.

Our expert is a fine man, but he is not even in the game that is being played.

Alinsky’s ideology can only be fought with force majeur. The ballot box apparently no longer works.


49 posted on 11/23/2020 10:04:04 AM PST by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html) )
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To: SheepWhisperer
Of course there will be snitches and I believe a 'reward' will be offered to those helping the state rid us of those evil assault rifles and large-capacity magazines, for the good of the many.

I'm old, I've decided that I am prepared to go down shooting at any government authority who decides to come to my house and confiscate/register my firearms.

My body, my choice, my firearms.

50 posted on 11/23/2020 10:07:05 AM PST by PROCON (Molon Labe)
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To: BobL

If that doesn’t motivate gun owners to vote against Ossof and Reverend Wright’s buddy, I don’t know what will.


51 posted on 11/23/2020 10:08:11 AM PST by ding_dong_daddy_from_dumas (Re-imagine the media!)
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To: Cboldt
"The whole of the Bill (of Rights) is a declaration of the right of the people at large or considered as individuals .... It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of." -- Albert Gallatin, New York Historical Society, October 7, 1789

The prohibition is general. No clause in the Constitution could by any rule of construction be conceived to give to congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both. - William Rawle, A View of the Constitution of the United States 125--26 1829 (2d ed.)

And then there are the 14th Amendment P&I arguments that seem to also negate Presser quite logically.

52 posted on 11/23/2020 10:10:53 AM PST by Dead Corpse (A Psalm in napalm...)
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To: Vaduz

“Biden wants to enact legislation. LOL, with gridlock he’s a lame duck president.”

But if the worst happens and the Dems take over the Senate, then the head of state won’t be Biden and it won’t be Kameltoe.

It will be Chuckie Schumer, suddenly the most powerful and dangerous man in America. Every extremist bill he sends to Biden will be signed into law. His goal will not be ideology but power, pure power.

“No secret police anywhere has ever lacked for volunteers”.

And on that subject, today’s COVID fascism with its snitches and Karens enforcing the new order, will go on steroids with revolutionary watch committees everywhere.


53 posted on 11/23/2020 10:28:49 AM PST by elcid1970 ("Pres. Trump doesn't wear glasses. That's because he's got 2020.")
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To: CodeJockey

“You’d probably be surprised how many will just roll over and turn them in as that’s suppose to be an option. It’s the threat of being labeled a felon”

Why speculate when we have factual accounts of what happens when nazi politicians tell citizens to turn them in?

Connecticut Pols Shocked That ‘Tens of Thousands’ of Gun Owners Defy Registration Laws

https://reason.com/2014/02/12/connecticut-pols-shocked-that-tens-of-th/

As usual, the gun-grabbers and their 50 IQ sychophants are full of crap.


54 posted on 11/23/2020 10:47:43 AM PST by sergeantdave (Teach a man to fish and he'll steal your gear and sell it)
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To: BobL

Biden’s gun plan is only unconstitutional UNTIL Biden packs the Courts.

how is biteme going to pack the courts?


55 posted on 11/23/2020 10:48:22 AM PST by Popman
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To: ding_dong_daddy_from_dumas

“If that doesn’t motivate gun owners to vote against Ossof and Reverend Wright’s buddy, I don’t know what will.”

Concur, but SOME PEOPLE on this site are mad that the Republicans running won’t openly support Trump’s efforts to confront the cheating.

...but, after thinking about it a bit, maybe they would, but in a different universe, with a different media. Here are 2 headlines that could be written if they did openly support Trump:

BREITBART: “Georgia Senate Republican Candidates Support Trump’s Efforts to Verify November Election was Conducted in a Fair Manner”

NY TIMES: “Despite having any Evidence, Georgia Senate Republican Candidates Support Trump’s Claim that the November Election was Rigged”

Ok, now, guess which headline reaches 95% of voters (including all of the swing-voters), and guess which headline only reaches 5% of voters.

Bottom Line: They’re doing the right thing. Other Republicans, however, do need to STEP IT UP, as the election is over for them.


56 posted on 11/23/2020 10:56:05 AM PST by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here.)
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To: Popman

“how is biteme going to pack the courts?”

By a 51-50 vote in the US Senate, along with a similar vote in the US House, and then Biden signing the bill to expand the courts. EXACTLY what happened in the 1970s, when the 9th was doubled, allowing Jimmy Carter to add 15 JUDGES to it, overnight.

...of course all of that depends on the Democrats winning both Georgia Senate seats. If either Republican wins there, then the packing is DOA.


57 posted on 11/23/2020 11:00:40 AM PST by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here.)
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To: BobL

I don’t see Manchin going along with it. He’s up for re-election in an otherwise all-red state. The pubbies only have to peel off one vote.


58 posted on 11/23/2020 11:02:09 AM PST by dirtboy
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To: bitt

we need to address the under water firearm recovery fro fishing accidents


59 posted on 11/23/2020 11:22:14 AM PST by bdfromlv (Leavenworth hard time)
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To: CapnJack

We are approaching that point. Use’em or lose’em and explain we are the generation that let freedom die to our grandkids.

I’m 55 I’ve lived my life and I’m not living on my knees under anyone. I’m too old and contrary and I’m not giving up my guns or paying taxes on them. It’s time to see if we really mean it “Stand your ground, don’t fire unless fired upon, but if they mean to have a war, let it begin here.”


60 posted on 11/23/2020 11:25:56 AM PST by sarge83
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