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Gun Control & RKBA
In reply to the discussion: Illinois judge rules FOID card 'unconstitutional' [View all]friendly_iconoclast
(15,333 posts)29. Such declaratory. Many emphatic. And not only wrong, but wrong-headed
Let's give your various argumenta ad nauseum et argumnta ad declarare a fisking, shall we?
---it should be understood that the inalienable right you mention is "as currently interpreted by a right-wing majority on a SCOTUS no longer concerned with precedent." If our nation survives, that will change.
Telepsychology has always been part and parcel of gun control advocacy. Seems "claimed powers of prophecy"
can be added to that list...
---firearms are "products" and are subject to tax just as nearly all products are, but the RIGHT to own a firearm is not "taxed".
The State of Minnesota also tried similar word games , and got slapped down 8-1 by the Supremes
for their trouble:
https://supreme.justia.com/cases/federal/us/460/575/
Minneapolis Star v. Minnesota Comm'r, 460 U.S. 575 (1983)
...Minnesota exempted newspapers from a four percent sales tax set up by the state, but they were subject to a four percent use tax on the costs of ink and paper, which applied to any publication. Each newspaper received an annual tax credit of $4,000 through an exemption from the use tax for the first $100,000 of ink and paper that was used by a publication in a calendar year. However, in 1974, 11 papers used more than $100,000 in ink and paper, making them liable for the use tax; in 1975, 13 papers were required to pay the tax. The Minnesota Tribune argued that it should be refunded for the use taxes that it had paid because the law unconstitutionally restricted the freedom of the press under the First Amendment and also violated the Equal Protection Clause of the Fourteenth Amendment...
Opinions
Majority
Sandra Day O'Connor (Author)
Warren Earl Burger
William Joseph Brennan, Jr.
Thurgood Marshall
Lewis Franklin Powell, Jr.
John Paul Stevens
Harry Andrew Blackmun
Strict scrutiny is appropriate for analyzing this restriction on the freedom of the press, which specifically targets an area protected by the First Amendment. The state argues that it has a substantial interest in raising revenue, but it could accomplish this goal by taxing all businesses generally rather than the press. While the press is also benefited by being exempted from the four percent sales tax, differential treatment on its face is constitutionally questionable because it creates a precedent for future differential treatment that could be more burdensome on the press. It also would be difficult to implement a rule that tied the constitutionality of a measure to the effective tax burdens that would result, since courts lack the expertise to evaluate different methods of taxation.
Moreover, this ink and paper tax is unconstitutional not only because it treats the press differently but also because it treats a certain small group of newspapers differently. The state may not be allowed to devise a tax scheme to single out certain members of the press under any circumstances, no matter how compelling the interest that it cites. A tax of which the entire burden is borne by a small part of the whole resembles a penalty for large newspapers rather than an effort to favor smaller newspapers...
Opinions
Majority
Sandra Day O'Connor (Author)
Warren Earl Burger
William Joseph Brennan, Jr.
Thurgood Marshall
Lewis Franklin Powell, Jr.
John Paul Stevens
Harry Andrew Blackmun
Strict scrutiny is appropriate for analyzing this restriction on the freedom of the press, which specifically targets an area protected by the First Amendment. The state argues that it has a substantial interest in raising revenue, but it could accomplish this goal by taxing all businesses generally rather than the press. While the press is also benefited by being exempted from the four percent sales tax, differential treatment on its face is constitutionally questionable because it creates a precedent for future differential treatment that could be more burdensome on the press. It also would be difficult to implement a rule that tied the constitutionality of a measure to the effective tax burdens that would result, since courts lack the expertise to evaluate different methods of taxation.
Moreover, this ink and paper tax is unconstitutional not only because it treats the press differently but also because it treats a certain small group of newspapers differently. The state may not be allowed to devise a tax scheme to single out certain members of the press under any circumstances, no matter how compelling the interest that it cites. A tax of which the entire burden is borne by a small part of the whole resembles a penalty for large newspapers rather than an effort to favor smaller newspapers...
---it is not that the 2nd Amendment means "so little" to me; it is just that there are other rights to be considered and the current out-of-context interpretation of the "right to bear arms" is contrary to about a century's worth of prior SCOTUS rulings
Which "prior SCOTUS rulings" would those be? Kindly enlighten our ignorance, O Wise One.
---I have not even suggested that any right be denied to anyone...
And then, two sentences later, you do that very thing:
... I simply disagree with your view that denial of the sacred "right to bear arms" to anyone---such as those on the "no fly" list, those adjudicated mentally incompetent or those LEGALLY blind---is impermissible.
Of course, that's not a self-contradiction to *you*- because you don't think people have a right to keep and bear arms...
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"In my opinion, FOID is not a strong enough deterrent to possession."
friendly_iconoclast
Apr 2021
#8
"Think of the children" is a longtime tactic of crooks, demagogues, and moral panic-mongers
friendly_iconoclast
May 2021
#62
The Illitucky circuit, one of 2 dozen IL circuits, and he's one of a dozen judges in it.
Gidney N Cloyd
Apr 2021
#2
"Good"? Did you mean "Good God!" Or should we just remove ALL common sense statutes that
Atticus
Apr 2021
#4
I don"t think anything I could say could be more revealing of how extreme your views are than
Atticus
Apr 2021
#14
Obviously, there is little to be gained by further back-and-forth with you and your choir but,
Atticus
Apr 2021
#28
Such declaratory. Many emphatic. And not only wrong, but wrong-headed
friendly_iconoclast
Apr 2021
#29
Peeved because your self-righteous sermonizing didn't get a receptive audience?
friendly_iconoclast
Apr 2021
#35
Sounds to me *very* much to me like the RW attempts to gut Roe v Wade, Obergfell v Hughes, etc
friendly_iconoclast
May 2021
#43
I would hardly call making someone watih months to exercise a constitutional "common sense".
Dial H For Hero
Apr 2021
#15
Yeah, let's just sell AR-15s out of vending machines. Anyone with the cash can buy one NOW! nt
Atticus
Apr 2021
#16
That's essentially the way it has *always* been when it comes to private sales between individuals.
Dial H For Hero
Apr 2021
#17
My agenda is simply supporting present federal gun laws, with one exception.
Dial H For Hero
Apr 2021
#21
"(diminuative of 'James') (species of corvid)" laws were *also* held to be "common sense"...
friendly_iconoclast
May 2021
#44
Extraordinaily unlikely. More plausibly, they may mandate that every state be at least
Dial H For Hero
Apr 2021
#38
Friends in IL that have gotten FOID cards report the system as fair, albeit...
friendly_iconoclast
Apr 2021
#10