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Proposition KK

Bigjay73

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What are the chances that this will be ruled unconstitutional? I'm still shaking my head over the passing of this bill, is there any hope that it may be overturned, or do I need to get over it?
 
If you don't know:

I think there's a question around interstate commerce, but I'm not sure. A state excise tax on goods like this has been contemplated in many places before, but it always ran into the commerce clause.

Laudable goals, though.
 
What are the chances that this will be ruled unconstitutional? I'm still shaking my head over the passing of this bill, is there any hope that it may be overturned, or do I need to get over it?

I have a hard time getting my hopes up in this state anymore, I was pleasantly surprised that 127, and Denver 308 and 309 failed.
 
I'm no Constitutional scholar, but a tax on a Bill of Rights right, seems untenable. The downside is that Pittman-Robertson may be thrown out in the process (baby with the bath water). An analogous tax on the 1st Amendment would be something like saying, "Of course, you can print/write/broadcast anything you want, but you have to pay the government a percentage of each newspaper/magazine/TV subscription."
 
Laudable goals, though.

Yes, good goals. However, our state spending is at an all-time high but the programs KK will pay for have been previously cut from the budget here by the Democrat state legislature for some reason, so this measure is actually only re-funding them. Our Governor is also already on the record stating that taxing an item is the same as penalizing it, so while the goals are good, the consistency of the message is pretty poor.
 
I'm pretty sure CA got away with an 11% additional tax .

Bill passed and implemented, but it's being challenged in court. If overturned, what happens to the PR tax. Is it different at the wholesale and/or Federal level or are we playing with fire here? Would someone need to bring the challenge to PR directly, or could it get swept up if AB 28 was overturned?
 
I can't think of an example of taxing a right enumerated in the US Constitution. It would be like paying a tax for voting, or speaking, or going to church.

Your right to bear arms isn't being taxed. Just the transaction when you purchase it.

You do not have a right to purchase anything.
 
Right or wrong, there is a huge difference in public perception of this tax compared to PR. If you polled each person that just bought a gun about their acceptance of the $ from that sale that went to PR and how those funds are used, I'm guessing it would be extremely high in support of.
 
If you don't know:

I think there's a question around interstate commerce, but I'm not sure. A state excise tax on goods like this has been contemplated in many places before, but it always ran into the commerce clause.

Laudable goals, though.
Laudable goals, but they are taxing the wrong thing for it. Tax drugs and alcohol, they are the accelerant of 99.9 % of mental health issues, as well as being a key ingredient of most rapes in the military.
 
Seems to me that there is a fair number of bikers on and about the forum so I thought I'd start a thread for all matters motorcycling.

First up does anybody know where I can get parts and helpful advice for BMW's without paying BMW prices? I've always used Sprint Manufacturing for Triumph bits'n'bobs but now that I've moved over to the dark side I need to find another supplier.
Wrong type of bikers, I think.
 
Again, I'm not a lawyer, but that argument doesn't hold water for me. If the gov't imposed a 10,000% tax on guns and ammo, that would not violate the 2nd Amendment??

If we keep our arguments based on what is actually happening, we serve each other better.


Disclaimer: I don't know the author and a quick Google search didn't provide much evidence of bias one way or another.

Essentially the governments power of taxation is akin to regulation, per the Heller decision. And all rights are subject to regulation.
 
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