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Old July 5, 2012, 08:42 AM   #13
zukiphile
Senior Member
 
Join Date: December 13, 2005
Posts: 4,439
Quote:
Originally Posted by jef2015
Can anyone cite specific parts of the bill a firearm owner should be worried about?
Yes, the use of a tax as described in Hawkman's first sentence.

I don't think this ACA decision is quite as awful as many ACA opponents do, in part because it contains some language that may be useful in future.

I would observe that the tax code is already used to influence a wide range of behaviors, and that NFA purchases are discouraged by a substantial regulatory burden and a tax. Nothing would prohibit, as a political matter, that kind of regulatory and tax burden from shifting into all other arms.

The part of the reasoning I find most curious is that the ACA mandate isn't within congressional authority as granted by the commerce clause, but since the congress has the authority to tax the ACA mandate is upheld as a valid exercise of taxing authority.

It doesn't take a lot of imagination to foresee a punitive tax on gun ownership or public speaking. Under the Roberts' rationale, since those taxes prohibit no speech or ownership, and congress has taxing authority, would those taxes be upheld?


Quote:
Originally Posted by njgunowner
I'd be more worried that insurance companies will charge more to cover gun owners,...
Under the ACA, they can't.

Quote:
Originally Posted by congress
‘‘SEC. 2701. FAIR HEALTH INSURANCE PREMIUMS.
‘‘(a) PROHIBITING DISCRIMINATORY PREMIUM RATES.—
‘‘(1) IN GENERAL.—With respect to the premium rate
charged by a health insurance issuer for health insurance coverage
offered in the individual or small group market—
‘‘(A) such rate shall vary with respect to the particular
plan or coverage involved only by
‘‘(i) whether such plan or coverage covers an individual
or family
;
‘‘(ii) rating area, as established in accordance with
paragraph (2);
‘‘(iii) age, except that such rate shall not vary
by more than 3 to 1 for adults (consistent with section
2707(c)); and
‘‘(iv) tobacco use, except that such rate shall not
vary by more than 1.5 to 1; and
‘‘(B) such rate shall not vary with respect to the particular
plan or coverage involved by any other factor not
described in subparagraph (A).
http://www.gpo.gov/fdsys/pkg/PLAW-11...111publ148.pdf

Last edited by zukiphile; July 5, 2012 at 08:49 AM.
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