US court: $1,000 tax on handguns unconstitutional

[Marengo]

THE federal court granted in part and denied in part the motion for summary judgment filed by Paul Murphy, a former U.S. Army Ranger who challenged the constitutionality of some of the provisions of the CNMI Weapons Control Act and the Special Act for Firearms Enforcement or SAFE.

In a 55-page decision issued on Sept. 28, 2016, District Court for the NMI Chief Judge Ramona V. Manglona said the defendants, Department of Public Safety Commissioner Robert A. Guerrero and Finance Secretary Larissa Larson in their official capacities, are permanently enjoined from enforcing the provisions of the Commonwealth Code that have been declared unconstitutional.

Judge Manglona said that when Murphy properly renews his gun license, the CNMI government must return the weapons and ammunition he is entitled to possess consistent with this court decision.

She granted Murphy’s motion and declared unconstitutional the firearm registration requirement, the ban on rifles in calibers larger than .223, the ban on assault weapons, the ban on transporting operable firearms, and the $1,000 excise tax.

http://www.mvariety.com/cnmi/cnmi-news/local/89615-us-court-1-000-tax-on-handguns-unconstitutional

[Duckhunter935]

1. More overreach struck down

[scscholar]

27. Exactly. This is an overreach and thus judicial activism

The people set the fee, that is tiny compared to the value of a life, and the judge made the decision to legislate from the bench. He is standing against the people.

[discntnt_irny_srcsm]

28. The US does not adhere to the principle of Parliamentary sovereignty...

...(also called parliamentary supremacy or legislative supremacy)
https://en.wikipedia.org/wiki/Parliamentary_sovereignty

As Lord Acton said, "The one pervading evil of democracy is the tyranny of the majority, or rather of that party, not always the majority, that succeeds, by force or fraud, in carrying elections."
Think trump and what a trump administration would do to the country.

It is the business of the judiciary to consider if a law is constitutional or not.

Democracy is not freedom. Democracy is two wolves and a lamb voting on what to eat for lunch. Freedom comes from the recognition of certain rights which may not be taken, not even by a 99% vote.

Marvin Simkin, "Individual Rights", Los Angeles Times, 12 January 1992.

[discntnt_irny_srcsm]

2. K&R - Freedom will always emerge

A history of opinions on arms control and personal weapons:

>> "Civil Wars happen when the victimized are armed. Genocide happens when they are not." - A.E. Samaan

>> "Am I the only one who finds it unconscionable that an Air Force fighter can now shoot down a hijacked civilian airliner full of passengers, but the pilots of that airliner are not allowed to defend the aircraft from the hijacker, thus preventing the hijacking in the first place?" - American Airlines Capt. Tom Snelling

>> "If you’ve got to resist, you’re chances of being hurt are less the more lethal your weapon. If that were my wife, would I want her to have a .38 Special in her hand? Yeah." - Dr Arthur Kellerman

>> "If the price I must pay for my freedom is to acknowledge that the government was granted the power to infringe on them, then I am not free." - Pol Anderson

>> "These practices, amply documented in hearings before this Subcommittee, leave little doubt that the Bureau (of Alcohol, Tobacco and Firearms) has disregarded rights guaranteed by the constitution and laws of the United States. It has trampled upon the second amendment by chilling exercise of the right to keep and bear arms by law-abiding citizens. It has offended the fourth amendment by unreasonably searching and seizing private property. It has ignored the Fifth Amendment by taking private property without just compensation and by entrapping honest citizens without regard for their right to due process of law." - Report of the Subcommittee on the Constitution of the United States Senate (1982)

>> "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - The Dalai Lama

>> "The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose." - James Earl Jones

>> "The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms." - Samuel Adams

>> "Without doubt one is allowed to resist against the unjust aggressor to one's life, one's goods or one's physical integrity; sometimes, even 'til the aggressor's death… In fact, this act is aimed at preserving one's life or one's goods and to make the aggressor powerless. Thus, it is a good act, which is the right of the victim." - Thomas Aquinas

>> "Though defensive violence will always be 'a sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." - Augustine of Hippo

>> And he said to them, "When I sent you out with no moneybag or knapsack or sandals, did you lack anything?" They said, "Nothing." He said to them, "But now let the one who has a moneybag take it, and likewise a knapsack. And let the one who has no sword sell his cloak and buy one..." - Luke 22:36

[stone space]

3. This should please Trump's NRA supporters who don't like paying taxes. (nt)

[DonP]

4. So, only the rich should have that choice?

Feel the same way about any other enumerated rights?

Or just the ones you don't like?

[Duckhunter935]

5. Since he lives on taxpayer dollars

He should speak up more against him.

[DonP]

6. It's that whole; "Ends justify the means" rationale

The idea of a poll tax or "speech permit" and free speech zones would infuriate them.

It's a very selective and hypocritical form of "outrage".

[stone space]

21. What's wrong with being a public employee?

Since he lives on taxpayer dollars

Hatred directed towards public employees for "living on taxpayer dollars" is a right wing talking point, and has no place here at DU.

[pablo_marmol]

7. Not just hypocrisy -- hypocrisy of a most filthy nature.

Putting self-defense out of reach of those who need it most -- the poor who live in more dangerous neighborhoods.

Unbelievable lack of compassion from those who falsely claim to be guided by their compassion.

[Nuclear Unicorn]

8. Why do you think only Trump should be allowed to own guns?

[stone space]

20. Why are you lying about me?

Why do you think only Trump should be allowed to own guns?

[Nuclear Unicorn]

22. Do you support the $1,000 per gun tax?

[stone space]

25. Changing the subject does not justify right wing lies.

Do you support the $1,000 per gun tax?

[Nuclear Unicorn]

30. The subject of the OP is the $1,000 tax.

[stone space]

31. The subject is the right wing falsehood contained in post #8. That's the post I was replying to.

Stop trying to change the subject.

[Nuclear Unicorn]

35. If you support the tax then you support a thing that only Trump and his ilk could afford.

I could be wrong but I don't recall you ever speaking anything except favorably of exorbitant taxes on guns. Hence, my supposition seems fair. If the consequences of your support for exorbitant gun taxes results in things you find upsetting that is your problem, not mine.

[discntnt_irny_srcsm]

26. Straying off the path with an uncomfortable question...

...got you the answer I suspected you'd get.

For the pro-control folks, any law is a good law if it's a gun restriction.

[davepc]

9. What state was this?

[discntnt_irny_srcsm]

10. A US territory

https://en.wikipedia.org/wiki/Northern_Mariana_Islands

[mwrguy]

11. The NFA tax was set at 400% of the price of a tommy gun

Just make this one 400% and call it a day.

[gejohnston]

12. actually, it was 100 percent of a Thompson,

who had very little nonLE sales to begin with. Most if not all of the Thompsons and BARs were stolen from police and national guard armories. Dillinger stole his Thompsons from police departments.
http://www.indystar.com/story/news/crime/2016/03/25/indiana-city-wants-dillingers-tommy-gun-back/82246238/

http://articles.chicagotribune.com/2014-03-07/news/chi-tommy-gun-stolen-by-dillinger-gang-returned-to-indiana-town-20140307_1_submachine-gun-indiana-town-dillinger-gang

[Marengo]

13. Clyde Barrow got his BARs from National Guard armories. His favorite weapon as I recall, with...

A few mods.

[gejohnston]

14. I remember reading that Colt offered

the BAR on the civilian market after the first world war for six grand in today's money. They sold exactly zero. There was some guy in Florida who was a BAR fan like Barrow, can't think of his name.

[friendly_iconoclast]

32. It was John Ashley, leader of Florida's Ashley Gang:

https://en.wikipedia.org/wiki/John_Ashley_(bandit)

[discntnt_irny_srcsm]

15. Good old Clyde wasn't near as unpleasant...

...until after a stint in prison.

[Marengo]

16. That, along with living out of cars, Bonnie's injury, and the loss of Buck took a heavy toll.

I recall reading that towards the end Bonnie was putting pressure on him to settle down if it was at all possible. She likely knew it wasn't, but she loved kids and wanted her own.

[discntnt_irny_srcsm]

17. According to John Neal Phillips, Barrow's goal in life was not to gain fame or fortune from robbing

...but to seek revenge against the Texas prison system for the abuses he suffered while serving time.

While in prison, Barrow used a lead pipe to crush the skull of another inmate, Ed Crowder, who had repeatedly sexually assaulted him.

https://en.wikipedia.org/wiki/Bonnie_and_Clyde#Clyde_Barrow

[Marengo]

18. Ah...yes, Ed Crowder, I remember that now. Clyde certainly was determined never to return...

To prison.

[mwrguy]

23. OK, make it 100% then

That's stood the test of time.

[discntnt_irny_srcsm]

24. Might work if they'd open the NFA registry n/t

[Nuclear Unicorn]

19. Why do you think only people as rich as Trump should be allowed to own guns?

[stone space]

29. I think that we can all agree that NRA candidate Trump should be stripped his gun Rites for life

His threats directed towards Hillary using NRA Talking Points make him far too dangerous to be allowed to possess guns.

On this all reasonable people can all agree.

In fact, there's an OP here containing criticism of Trump by a gun control group (CSGV) for his use of a dangerous and threatening NRA talking point against Hillary:

CSGV STATEMENT: Donald Trump's Continued Embrace of Insurrectionism is Deplorable

http://www.democraticunderground.com/1172199466

Trump has also been criticized by Gabby Giffords and Mark Kelly for these same comments, in another OP here:

Gabby Giffords and Mark Kelly call for Trump to apologize over his gun comment regarding Clinton

http://www.democraticunderground.com/1172199384

So stop trying to falsely claim that people want to give guns to Trump.

That's a Trump-level Lie, and it is time to start calling a lie a lie. We've tolerated these right wing lies for too long. We need to start calling out the lies.

It's the NRA that wants to give guns to Trump.

[friendly_iconoclast]

33. Trump's shitheelness is no excuse for continued attempts at threadjacking

[stone space]

34. Tell that to the poster I replied to. I didn't bring up Trump.

I was replying to somebody who did bring up Trump, and did so with an blatant right wing falsehood.

But at least all reasonable people can agree that Trump's use of threatening NRA talking points in the course of this presidential campaign against Hillary, behavior called out by various gun control groups as the OPs that I linked to proved, should totally disqualify him from ever being allowed to possess a gun.

So there is no need for anybody to lie about it.

It's the NRA that wants Trump to have guns. Trump is the official NRA candidate.

Here's the NRA's new Trump ad:

[friendly_iconoclast]

36. Clumsy attempts to dodge the question aside, why do you support a regressive tax on a civil right?

[friendly_iconoclast]

37. For that matter, what does a Trump campaign ad have to do with the OP?

[DonP]

39. Beyond really clumsy baiting, nothing?

Post something that he thinks is so offensive that any vague sort of agreement will get a hide to his credit.

It is odd though. that for all their ranting and raving about the "Evil NRA" all of the posts referencing them and reprinting their stuff come from our gun control friends?

[friendly_iconoclast]

42. That bit of NRA propaganda has been reposted twice, once in an OP. Cui bono?

[DonP]

43. I wonder if they are on the NRA payroll?

Our control fans have been eager to accuse some of us of being NRA shills.

But they are the ones that are always so eager to post and re-post a lot of NRA propaganda, then "sort of" decry it.

Maybe they are otherwise motivated to post their stuff?

[Duckhunter935]

44. For that one that always complains

About people staying on topic in his OPs. The hypocrisy is stong

[stone space]

38. Guns are not a civil right. Guns are an uncivil wrong.

why do you support a regressive tax on a civil right?

[DonP]

40. SCOTUS and our President disagree with you

I choose their opinion over yours, so do the courts.

[friendly_iconoclast]

41. Thought-terminating cliches aside, the Supreme Court disagrees with you. And so does the President.

[Duckhunter935]

45. Interesting, the supreme Court

The President and Hillary disagree with you on this.

[discntnt_irny_srcsm]

46. So...

...where is that point and laugh smiley? Why is it gun opponents seem to miss the idea that almost every leader regardless of party is not a big control fan?