Gun control debate (merged)

#30,251
#30,251
LouderVol said:
how does making the tax zero dollars make it more unconstitutional?

don't get me wrong, I think it is unconstitutional. but I don't see how zeroing out the tax makes it more unconstitutional.

also be careful celebrating, I have a feeling congress is playing some legalese bs here. there is a difference in making the tax zero dollars, vs getting rid of the tax all together. making it zero at best means congress can come back and up it from zero. much easier than introducing a new tax if the old one is actually removed.
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I suspect that it has something to do with procedural rules. They probably need a lower threshold of votes to get a tax to $0 than they do to eliminate a tax, so they passed the measure they had the votes to pass.
 
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#30,253
#30,253
LouderVol said:
how does making the tax zero dollars make it more unconstitutional?

don't get me wrong, I think it is unconstitutional. but I don't see how zeroing out the tax makes it more unconstitutional.

also be careful celebrating, I have a feeling congress is playing some legalese bs here. there is a difference in making the tax zero dollars, vs getting rid of the tax all together. making it zero at best means congress can come back and up it from zero. much easier than introducing a new tax if the old one is actually removed.
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When the NFA was passed it was predicated on being a registration on taxes instead of merely a registration of firearms and suppressors. The supreme court originally ruled that it is constitutional because it is a tax. Now, without a tax requirement, it is simply a registration of firearms, which incidentally also violates current federal law.
 
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#30,256
#30,256
Pepe_Silvia said:
When the NFA was passed it was predicated on being a registration on taxes instead of merely a registration of firearms and suppressors. The supreme court originally ruled that it is constitutional because it is a tax. Now, without a tax requirement, it is simply a registration of firearms, which incidentally also violates current federal law.
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but I don't think they legally got rid of the tax, they just zeroed it out. so there still is a paper tax to keep it "legal".
 
#30,257
#30,257
LouderVol said:
but I don't think they legally got rid of the tax, they just zeroed it out. so there still is a paper tax to keep it "legal".
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Digging back in my memory but I'm pretty sure Roberts used that argument in his moronic ACA ruling. Since there was a monetary penalty for not having insurance it was in reality a tax so if there is no money associated with the stamp it cannot be a tax.
 
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#30,258
#30,258
hog88 said:
Digging back in my memory but I'm pretty sure Roberts used that argument in his moronic ACA ruling. Since there was a monetary penalty for not having insurance it was in reality a tax so if there is no money associated with the stamp it cannot be a tax.
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I think, as you point out, that is a flimsy argument.
 
#30,263
#30,263
hog88 said:
Digging back in my memory but I'm pretty sure Roberts used that argument in his moronic ACA ruling. Since there was a monetary penalty for not having insurance it was in reality a tax so if there is no money associated with the stamp it cannot be a tax.
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At least that gives us a free registry.
 
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