2aguy
Diamond Member
- Jul 19, 2014
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Murdock v Pennsylvania. This ruling from the Supreme Court invalidates any fee that states or localities impose on the Right to Bear arms.......time to stop these unConstitutional attempts to prevent Americans from exercising their Right.......
What does this have to do with fees to obtain a license to own or purchase a firearm? The USSC also found, "A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution." This means the entire Bill of Rights as opposed to just the First Amendment.
It is similarly unconstitutional to charge a fee to exercise the right to vote, AKA a poll tax. This could well be the reason why states with voter ID laws must provide free identification cards to qualified residents who do not have driver's licenses, as shown by Crawford v. Marion County Election Board.
The racist nature of many gun licensing schemes is meanwhile underscored by an amicus curiae brief filed by the African-American Gun Association (AAGA) against California. "African Americans have been the target of some of the oldest and most odious attempts at forced disarmament[.] ... NAAGA has a strong interest in this case because taxes and fees imposed on the right to keep and bear arms disproportionately affect African Americans,
due to the average lower income and higher rate of poverty in the African-American community." White supremacists once argued openly that this was their intention, and I recall that the complete quote, while it did not use the N-word, did refer to the "son of Ham."
It is a matter of common knowledge that in this state and in several others, the more especially in the Southern states where the negro population is so large, that this cowardly practice of "toting" guns has always been one of the most fruitful sources of crime[.] ... There would be a very decided falling off of killings "in the heat of passion" if a prohibitive tax were laid on the privilege of handling and disposing of revolvers and other small arms, or else that every person purchasing such deadly weapons should be required to register[.] ... Let a negro board a railroad train with a quart of mean whiskey and a pistol in his grip and the chances are that there will be a murder, or at least a row, before he alights.
The same went for a Virginia poll tax on the right to vote.
Discrimination! Why, that is precisely what we propose; that, exactly, is what this Convention was elected for — to discriminate to the very extremity of permissible action under the limitations of the Federal Constitution, with a view to the elimination of every negro voter who can be gotten rid of, legally, without materially impairing the numerical strength of the white electorate.
This may also help to strike down the Firearm Owners Identification Card that we have in Illinois......
An Illinois Court Questioned the FOID Card Requirement
More to the point, however, is the brief's citation of Murdock v. Pennsylvania and the phrase "[a]cross constitutional rights, the courts have consistently forbidden the use of special fees and taxes on constitutionally protected conduct to generate general revenue."
Even Illinois's own courts appear to be finding issues with the Firearm Owner Identification Card per Illinois v. Brown. "The circuit court was correct that the FOID card requirement impermissibly infringes on law- abiding persons' rights to bear long arms-in their own homes for self-defense."
The court filing also argues that the FOID card fee violates not just the U.S. Constitution, but also Illinois's own laws: "a person cannot be compelled 'to purchase, through a license fee or a license tax, the privilege freely granted by the constitution.
What does this have to do with fees to obtain a license to own or purchase a firearm? The USSC also found, "A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution." This means the entire Bill of Rights as opposed to just the First Amendment.
It is similarly unconstitutional to charge a fee to exercise the right to vote, AKA a poll tax. This could well be the reason why states with voter ID laws must provide free identification cards to qualified residents who do not have driver's licenses, as shown by Crawford v. Marion County Election Board.
The racist nature of many gun licensing schemes is meanwhile underscored by an amicus curiae brief filed by the African-American Gun Association (AAGA) against California. "African Americans have been the target of some of the oldest and most odious attempts at forced disarmament[.] ... NAAGA has a strong interest in this case because taxes and fees imposed on the right to keep and bear arms disproportionately affect African Americans,
due to the average lower income and higher rate of poverty in the African-American community." White supremacists once argued openly that this was their intention, and I recall that the complete quote, while it did not use the N-word, did refer to the "son of Ham."
It is a matter of common knowledge that in this state and in several others, the more especially in the Southern states where the negro population is so large, that this cowardly practice of "toting" guns has always been one of the most fruitful sources of crime[.] ... There would be a very decided falling off of killings "in the heat of passion" if a prohibitive tax were laid on the privilege of handling and disposing of revolvers and other small arms, or else that every person purchasing such deadly weapons should be required to register[.] ... Let a negro board a railroad train with a quart of mean whiskey and a pistol in his grip and the chances are that there will be a murder, or at least a row, before he alights.
The same went for a Virginia poll tax on the right to vote.
Discrimination! Why, that is precisely what we propose; that, exactly, is what this Convention was elected for — to discriminate to the very extremity of permissible action under the limitations of the Federal Constitution, with a view to the elimination of every negro voter who can be gotten rid of, legally, without materially impairing the numerical strength of the white electorate.
US Supreme Court: Gun Licensing Fees Are Unconstitutional
While I am not an attorney and cannot give formal legal advice, a 1943 U.S. Supreme Court decision, Murdock v. Pennsylvania, may give Second Amendment–supporters an overwhelming legal weapon with which to destroy every single firearm ownership ...
www.americanthinker.com
This may also help to strike down the Firearm Owners Identification Card that we have in Illinois......
An Illinois Court Questioned the FOID Card Requirement
More to the point, however, is the brief's citation of Murdock v. Pennsylvania and the phrase "[a]cross constitutional rights, the courts have consistently forbidden the use of special fees and taxes on constitutionally protected conduct to generate general revenue."
Even Illinois's own courts appear to be finding issues with the Firearm Owner Identification Card per Illinois v. Brown. "The circuit court was correct that the FOID card requirement impermissibly infringes on law- abiding persons' rights to bear long arms-in their own homes for self-defense."
The court filing also argues that the FOID card fee violates not just the U.S. Constitution, but also Illinois's own laws: "a person cannot be compelled 'to purchase, through a license fee or a license tax, the privilege freely granted by the constitution.