The Firing Line Forums - View Single Post - Is the firearms excise tax a tax on a fundamental right?

vranasaurus · July 23, 2010, 11:18 PM

Is the tax used in a way to prevent or restrict(or does it actually restrict or prevent even if that is not the intent) the exercise of the right?

This is why poll taxes were outlawed. They were used as a means to prevent a certain types of people from voting.

A reasonable non punitive excise tax on arms and ammunition does not burden the right to any meaningful extent nor is that the intent of the tax. Sales taxes on newspapers and firearms don't either.

The NFA tax while at one time prohibitive is no longer so. You could argue that its original intent was but when the practical effect of the law is no longer so I don't think you'll get anywhere.

A 200% excise tax on firearms and ammunition would be a different story.

July 23, 2010, 11:18 PM	#13
vranasaurus Senior Member Join Date: November 16, 2008 Posts: 1,184	Is the tax used in a way to prevent or restrict(or does it actually restrict or prevent even if that is not the intent) the exercise of the right? This is why poll taxes were outlawed. They were used as a means to prevent a certain types of people from voting. A reasonable non punitive excise tax on arms and ammunition does not burden the right to any meaningful extent nor is that the intent of the tax. Sales taxes on newspapers and firearms don't either. The NFA tax while at one time prohibitive is no longer so. You could argue that its original intent was but when the practical effect of the law is no longer so I don't think you'll get anywhere. A 200% excise tax on firearms and ammunition would be a different story.