The Firing Line Forums - View Single Post - Woollard v. Sheridan: Cert Denied

jansson84 · October 11, 2010, 08:10 PM

Under the reasoning of Murdock v. Pennsylvania, it could be argued that the imposition of any fee to obtain a firearm permit could be considered a tax on a constitutional right (to keep a firearm in one's home, for example), and would, therefore, be an illegal license tax. "A state may not impose a charge for the enjoyment of a right granted by the federal constitution. Thus, it may not exact a license tax for the privilege of carrying on interstate commerce." (McGoldrick v. Berwind-White Co., 309 U.S. 33, 56-58, 60 S.Ct. 388, 397, 398, 128 A.L.R. 876).

Could it be that 49 states been wrong all these years whereas only Vermont, which does not have any licensing provision, been correct?

October 11, 2010, 08:10 PM	#12
jansson84 Junior Member Join Date: January 25, 2010 Location: Bergen County, NJ Posts: 9	Under the reasoning of Murdock v. Pennsylvania, it could be argued that the imposition of any fee to obtain a firearm permit could be considered a tax on a constitutional right (to keep a firearm in one's home, for example), and would, therefore, be an illegal license tax. "A state may not impose a charge for the enjoyment of a right granted by the federal constitution. Thus, it may not exact a license tax for the privilege of carrying on interstate commerce." (McGoldrick v. Berwind-White Co., 309 U.S. 33, 56-58, 60 S.Ct. 388, 397, 398, 128 A.L.R. 876). Could it be that 49 states been wrong all these years whereas only Vermont, which does not have any licensing provision, been correct?