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Tax Free 2nd Amendment Items

Posted: Mon Nov 28, 2016 12:33 pm
by TEX
They did away with poll taxes quite some time ago because the courts said you could not tax the exercise of a right. I would have to agree although I personally would have no problem with a basic intelligence test to vote - except who would draft the test (big problem).

So, why do we have to pay sales tax on the purchase of firearms, ammunition, and firearm accessories? Is it not a tax on the exercising of a right guaranteed to us under the 2nd Amendment?

I sent my state representative a hand written letter concerning this last year and got exactly naught, nil, zilch, zero, zip, goose egg, nada, back as a reply from my elected public servant whose salary is paid with my tax dollars. Needless to say last vote he will get from me.

Thoughts and comments?

What would it take to get this on a ballot or voted into law?

Re: Tax Free 2nd Amendment Items

Posted: Mon Nov 28, 2016 12:38 pm
by Flightmare
viewtopic.php?f=141&t=86854
SB133 (Creighton) Relating to an exemption from the sales tax for firearms and hunting supplies for a limited period.
Impact: Creates a sales tax exemption period for guns and hunting supplies.
Position on Bill: Neutral.
Status: Filed 11/14/16.

Re: Tax Free 2nd Amendment Items

Posted: Mon Nov 28, 2016 12:42 pm
by Pariah3j
The poll tax, was a tax you had to pay in order to vote. You don't have to pay a tax in order to exercise your 2nd amendment rights (baring the exception of things like NFA items). The tax you are paying are for the goods and items which just happen to be 2nd Amend. related. A much better argument would be to get rid of the fee(or 'tax') for things like LTC which I believe should already be covered by the 'right to bare' arms.

Re: Tax Free 2nd Amendment Items

Posted: Mon Nov 28, 2016 12:49 pm
by Jusme
Flightmare wrote:viewtopic.php?f=141&t=86854
SB133 (Creighton) Relating to an exemption from the sales tax for firearms and hunting supplies for a limited period.
Impact: Creates a sales tax exemption period for guns and hunting supplies.
Position on Bill: Neutral.
Status: Filed 11/14/16.

I think the OP is more interested in a permanent tax abatement for the purchase of firearms, ammo, etc.

I don't think we will ever see firearms not taxed, it brings in too much revenue. While the ability to possess firearms is a legal right, there is nothing in the Constitution that says they cannot be taxed. It would, in my opinion follow along the same lines as taxing the written word, taxing the sale of books, magazines and newspapers is legal. Even though we have the right to "free" speech.

I do think that my firearms should be legal dependents on my income taxes though, since I have to feed, shelter, and protect them. :biggrinjester:

Re: Tax Free 2nd Amendment Items

Posted: Mon Nov 28, 2016 3:48 pm
by vjallen75
Jusme wrote:I do think that my firearms should be legal dependents on my income taxes though, since I have to feed, shelter, and protect them. :biggrinjester:
:iagree: These dependents eat a lot don't they? A guy could go broke with the upkeep

Re: Tax Free 2nd Amendment Items

Posted: Mon Nov 28, 2016 5:08 pm
by rotor
Life, liberty and the pursuit of happiness. Unalienable rights. Lots of things shouldn't be taxed then. Let's get rid of that breathing tax which says that from your first breath you must pay for Obamacare. That at least we can change.

Re: Tax Free 2nd Amendment Items

Posted: Mon Nov 28, 2016 5:28 pm
by bblhd672
rotor wrote:Life, liberty and the pursuit of happiness. Unalienable rights. Lots of things shouldn't be taxed then. Let's get rid of that breathing tax which says that from your first breath you must pay for Obamacare. That at least we can change.
I could buy a lot more firearms and ammo, as well as make significantly more in charitable contributions, if my annual health care plan cost hadn't grown from 9k a year to 25k a year. Bring back "affordable" health care!

Re: Tax Free 2nd Amendment Items

Posted: Mon Nov 28, 2016 6:20 pm
by The Dude
rotor wrote:Life, liberty and the pursuit of happiness. Unalienable rights. Lots of things shouldn't be taxed then. Let's get rid of that breathing tax which says that from your first breath you must pay for Obamacare. That at least we can change.
There no excuse for not repealing the Obamacurse tax in Trump's first 100 days, if not his first 25.

What the "reform" of Obamacare will look like may take a while to iron out the details, but there's no reason not to ax the tax while they're working on the reform, if they don't have the stones for a full repeal right out of the gate.

Re: Tax Free 2nd Amendment Items

Posted: Mon Nov 28, 2016 6:26 pm
by The Dude
Pariah3j wrote:The poll tax, was a tax you had to pay in order to vote. You don't have to pay a tax in order to exercise your 2nd amendment rights (baring the exception of things like NFA items). The tax you are paying are for the goods and items which just happen to be 2nd Amend. related.
So the feds enacting a 11% excise tax on bibles and crucifixes wouldn't violate the first amendment?

Re: Tax Free 2nd Amendment Items

Posted: Tue Nov 29, 2016 9:26 am
by Pariah3j
The Dude wrote:
Pariah3j wrote:The poll tax, was a tax you had to pay in order to vote. You don't have to pay a tax in order to exercise your 2nd amendment rights (baring the exception of things like NFA items). The tax you are paying are for the goods and items which just happen to be 2nd Amend. related.
So the feds enacting a 11% excise tax on bibles and crucifixes wouldn't violate the first amendment?
A specific tax on them, I would say yes. General tax that gets attached to everything (aka sales tax), I don't think so. I'm not aware of any special firearms specific tax you pay on guns or ammo, just sales tax.

Re: Tax Free 2nd Amendment Items

Posted: Tue Nov 29, 2016 9:27 am
by Abraham
To dream the impossible dream...

Re: Tax Free 2nd Amendment Items

Posted: Tue Nov 29, 2016 10:07 am
by Soccerdad1995
The Dude wrote:
Pariah3j wrote:The poll tax, was a tax you had to pay in order to vote. You don't have to pay a tax in order to exercise your 2nd amendment rights (baring the exception of things like NFA items). The tax you are paying are for the goods and items which just happen to be 2nd Amend. related.
So the feds enacting a 11% excise tax on bibles and crucifixes wouldn't violate the first amendment?
Or more directly, a tax on church attendance. Something reasonable, like $100 per person, per service.

If I recall correctly, I believe that excessive taxes on guns and ammo have been struck down in the past on precisely this Constitutional basis.

Re: Tax Free 2nd Amendment Items

Posted: Wed Nov 30, 2016 7:33 pm
by gringo pistolero
Pariah3j wrote:
The Dude wrote:
Pariah3j wrote:The poll tax, was a tax you had to pay in order to vote. You don't have to pay a tax in order to exercise your 2nd amendment rights (baring the exception of things like NFA items). The tax you are paying are for the goods and items which just happen to be 2nd Amend. related.
So the feds enacting a 11% excise tax on bibles and crucifixes wouldn't violate the first amendment?
A specific tax on them, I would say yes. General tax that gets attached to everything (aka sales tax), I don't think so. I'm not aware of any special firearms specific tax you pay on guns or ammo, just sales tax.
Firearms and Ammunition Excise Tax (FAET) is a tax imposed by Chapter 32 of the Internal Revenue Code (26 U.S.C. 4181) on the sale of firearms and ammunition

Re: Tax Free 2nd Amendment Items

Posted: Wed Nov 30, 2016 11:45 pm
by yodajim
I do think that my firearms should be legal dependents on my income taxes though, since I have to feed, shelter, and protect them.

:iagree: :iagree: :iagree:

Re: Tax Free 2nd Amendment Items

Posted: Thu Dec 01, 2016 1:00 am
by Pawpaw
yodajim wrote:I do think that my firearms should be legal dependents on my income taxes though, since I have to feed, shelter, and protect them.

:iagree: :iagree: :iagree:
And you have to take them to the g̶u̶n̶s̶m̶i̶t̶h̶ doctor when they get sick!