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Thread: US Supreme Court: Gun Licensing Fees Are Unconstitutional

  1. #1

    US Supreme Court: Gun Licensing Fees Are Unconstitutional

    Murdock v. Pennsylvania (1943): SCOTUS found "A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution." This means the entire Bill of Rights as opposed to just the First Amendment. It may mean that states requiring the applicant to pay a fee to purchase or possess a gun are retroactively illegal and may be demanded returned, possibly with interest.

    https://www.americanthinker.com/arti...itutional.html

  2. #2
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    Good luck with that when you send your state (if it's done there) and the Feds a bill.

  3. #3
    Site Supporter OlongJohnson's Avatar
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    Do we all get our stamp taxes back now, or is a Federal tax not the same as a state fee? What about carry license fees?
    .
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    Not another dime.

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    A 78 old USSC ruling on the constitutional right for a state to tax people selling religious merchandise... good luck with that.

  5. #5
    Member LHS's Avatar
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    Behind that cactus
    The Constitution says "the right of the People to keep and bear arms shall not be infringed" but nobody in government seems to think that's much of an obstacle either.


    Matt Haught
    SYMTAC Consulting LLC
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  6. #6
    Site Supporter dontshakepandas's Avatar
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    Quote Originally Posted by OlongJohnson View Post
    Do we all get our stamp taxes back now, or is a Federal tax not the same as a state fee? What about carry license fees?
    My thought exactly.

  7. #7
    Member olstyn's Avatar
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    Quote Originally Posted by TiroFijo View Post
    A 78 old USSC ruling on the constitutional right for a state to tax people selling religious merchandise... good luck with that.
    Indeed. OTOH, if the OP manages to work it out somehow, I'll be happy to ask the state of MN for my (and my wife's) carry permit fees back. That money would fund a not insignificant amount of reloading components.

  8. #8
    Site Supporter HeavyDuty's Avatar
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    I don’t see this affecting much more than states like IL that require paid licensing to legally possess or purchase a firearm or ammunition.
    Ken

    BBI: ...”you better not forget the safe word because shit's about to get weird”...
    revchuck38: ...”mo' ammo is mo' betta' unless you're swimming or on fire.”

  9. #9
    Quote Originally Posted by Duces Tecum View Post
    Murdock v. Pennsylvania (1943): SCOTUS found "A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution." This means the entire Bill of Rights as opposed to just the First Amendment. It may mean that states requiring the applicant to pay a fee to purchase or possess a gun are retroactively illegal and may be demanded returned, possibly with interest.

    https://www.americanthinker.com/arti...itutional.html
    While I am not an attorney and cannot give formal legal advice, a 1943 U.S. Supreme Court decision, Murdock v. Pennsylvania, may give Second Amendment–supporters an overwhelming legal weapon with which to destroy every single firearm ownership (although not necessarily concealed carry) licensing scheme in the country. This includes those that require licenses to own or purchase firearms.
    The fees maybe. The licensing no. I don't know how anyone could read this as such.

    Also the cited case was handed down in 1943? There's nothing in the article to indicate something new is afoot.

  10. #10
    It’s a start.
    #RESIST

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