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Old November 19, 2008, 09:44 PM   #3
melchloboo
Senior Member
 
Join Date: October 2, 2008
Posts: 279
Hello, first time poster to this forum.

I will try to answer a few of your questions:

"Aren't executive orders by the president subject to constitutional review? In other words, let's say the skies parted and the 2A genie blinked, and suddenly, military style arms were deemed protected in all the land."

I am not an authority on executive order, but generally a citizen directly affected by an act of government, in this case an executive order, can challenge it. The legal term for this is "standing". It cannot be challenged until an individual directly affected by it challenges it (there are exceptions to this).

"Could an executive order which prevented the importation of arms and ammo for the citizenry stand?"

I suspect the courts would look to why the order was issued, and if it substantially impairs the right to own guns in the home. If domestically made arms are reasonably available, I see no reason why not.

"Should guns and ammo be subject to any special tax or levy beyond normal state sales tax?"

I see no reason why reasonable taxes could not be placed on guns and ammo. I hope this doesn't happen, but I don't see why a state couldn't.

"Aren't registration fees, CCW permit fees, gun licenses of all types (except hunting, perhaps) essentially placing a tax on what has been established as a fundamental right?"

Yes, and? Unfortunately these rights are not absolute.

"I can't imagine a fee imposed on exercising any other right: a free-speech fee,"

I remember in law school reading cases where people challenged fees imposed for holding rallies in public parks. So long as all groups are charged equally and reasonably, and all groups have access, then the government can impose a reasonable fee. To get my CCW permit in Florida, I must pay a fee. Does it cost them $65 to print it up? I doubt it. Is $65 reasonable, sure.

"freedom of religion tax,"

The government establishes what is or is not a legitimate religion when it determines tax exempt status. So if you found your own religion, despite your heartfelt beliefs, if the IRS disagrees then your institution would not be a religious one for tax purposes.

"a licensing fee to guarantee that I'm secure in my house, person, effects. etc."

The town of Davie, Florida recently proposed (but rejected) the idea of charging someone in a traffic accident for the fire rescue expenses. I hear some states like Colorado want to charge hikers and mountain climbers that need extraordinary rescue.

The point I am making is this:

The government can always make reasonable restrictions on constitutional rights. But reasonableness is in the eye of the beholder. Therefore, in light of Heller, we must focus our efforts on convincing the public and representatives that the restrictions proposed by the anti-gun crowd are unreasonable.

For example, suppose a state bans all semi-autos. Their reasoning being that they do not run afoul of Heller because revolvers are allowed. They argue that if the gun falls in the wrong hands, the slower rate of fire (by most people) and the lower ammunition capacity might save lives. How would you respond?

Those are the types of questions we must now be preparing answers for.

So I put the question back on you. Why would it be unreasonable to ban the AR-15. Yes, I know you may own a gun, so here's a revolver have a nice day. But why an AR-15? Or why more than 1 gun per house?

In all honesty, at this very moment I'm not sure I have great convincing arguments to those questions. But the more the firearms community can develop good compelling answers to these questions, the better prepared we can be when these challenges do arise. I think they also highlight the importance of keeping the Supreme Court bench firearms friendly. Heller admits it leaves many questions unanswered.

Great ideas can come from anywhere, not just lawyers. I hope this forum produces great ideas and arguments that may someday make their way into legal briefs.
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