With $1,000 per pistol tax now law, gun rights group promises action

[imyoda]

With $1,000 per pistol tax now law, gun rights group promises action
With $1,000 per pistol tax now law, gun rights group promises action


“In what one legal scholar termed an attempt to “tax a constitutional right out of existence,” the Commonwealth of Northern Marianas Islands has enacted an almost prohibitively strict new gun law.

On March 28, Chief Judge Ramona Villagomez Manglona, of the U.S. District Court for the Northern Mariana Islands, ruled the U.S. territory’s 40-year-old total ban on handguns was unconstitutional, saying “because the people of the Commonwealth are part of the American people who have overwhelmingly chosen handguns as their principal means of self-defense, the Second Amendment protects that right here as well.”

In a reply to the court order barring enforcement, the Commonwealth Senate passed a strict gun control bill earlier this month to which the House added a $1,000 per pistol excise tax, which the Senate approved unanimously on April 7, sending the bill to Gov. Ralph DLG Torres which he signed into law Monday……………

……….. The new law has a host of measures bundled into it that include:
•A special $1,000 excise tax on all handguns sold
•500-foot gun free zones around schools, government buildings, and places of worship
•The mandatory use of gun locks for firearms not in use
•A ban on the carry of firearms outside of the home for self-defense
•Licenses to possess firearms or ammunition
•Forbids Title II firearms such as suppressors, short barreled rifles and machine guns
•An assault weapon ban similar to those in California and New York with a 10-round cap on magazine size
•A prohibition on centerfire rifles in a caliber larger than .223 and shotguns larger than .410

CNMI Attorney General Edward Manibusan warned that he is ready to defend the new law against legal challenges, which are likely…………….


ALSO SEE:
Lawmakers approve $1,000 tax on handguns in lieu of total ban
Judge drop kicks last handgun ban in the U.S.
Marianas Variety - New gun-control law imposes $1,000 excise tax on pistols
http://www.cnmileg.gov.mp/resources/files/HCOMM19-160_SB19-94,SD1,HD10web.pdf
http://www.guns.com/2014/09/11/home-invasion-survivors-sue-to-overturn-last-handgun-ban-in-u-s/


Here comes the boogieman again………. And the slippery slope thingie…………. Even thou few if any legislators knows or would admit knowing of………

And takes place in the Northern Marianas’ which is not the end of the world………….but you can see it from there if you stand on a chair………

 

[Henrin]

This will fall in pieces. A $1000 tax on pistols puts an undue burden on people looking to practice their constitutional rights. Nice try, but fail.

 

[Henrin]

I don't think any part of that law is constitutional. Good to luck to them in court because I'm seeing fail in their future.

 

[Beaudreaux]

The CNMI has had a love hate relationship with the US for decades - they love our money, support, and protection, but at times seem to hate having to follow our laws. This appears to be one of those latter times.

 

[Henrin]

I'm kind of curious if this Edward whatever his name is ever heard of Morgan v. Commonwealth of Virginia that established the undue burden test. He might want to read up on these things before he gets all stupid in the future and passes another obviously unconstitutional law.

 

[ttwtt78640]

I lived on Guam (1982-1985), which is under a different US government territorial charter, and was only required to get a Guam firearm's ID and register my handguns (my long guns were stolen by the movers). It seems unconstitutional for any US territory (or state) to deny US citizens their basic individual constitutional rights.

 

[Chomsky]

I don't know if our Constitutional protections extend to U.S. possessions, but if they do there's no way I see this flying.

 

[Paleocon]

With $1,000 per pistol tax now law, gun rights group promises action
With $1,000 per pistol tax now law, gun rights group promises action


“In what one legal scholar termed an attempt to “tax a constitutional right out of existence,” the Commonwealth of Northern Marianas Islands has enacted an almost prohibitively strict new gun law.

On March 28, Chief Judge Ramona Villagomez Manglona, of the U.S. District Court for the Northern Mariana Islands, ruled the U.S. territory’s 40-year-old total ban on handguns was unconstitutional, saying “because the people of the Commonwealth are part of the American people who have overwhelmingly chosen handguns as their principal means of self-defense, the Second Amendment protects that right here as well.”

In a reply to the court order barring enforcement, the Commonwealth Senate passed a strict gun control bill earlier this month to which the House added a $1,000 per pistol excise tax, which the Senate approved unanimously on April 7, sending the bill to Gov. Ralph DLG Torres which he signed into law Monday……………

……….. The new law has a host of measures bundled into it that include:
•A special $1,000 excise tax on all handguns sold
•500-foot gun free zones around schools, government buildings, and places of worship
•The mandatory use of gun locks for firearms not in use
•A ban on the carry of firearms outside of the home for self-defense
•Licenses to possess firearms or ammunition
•Forbids Title II firearms such as suppressors, short barreled rifles and machine guns
•An assault weapon ban similar to those in California and New York with a 10-round cap on magazine size
•A prohibition on centerfire rifles in a caliber larger than .223 and shotguns larger than .410

CNMI Attorney General Edward Manibusan warned that he is ready to defend the new law against legal challenges, which are likely…………….


ALSO SEE:
Lawmakers approve $1,000 tax on handguns in lieu of total ban
Judge drop kicks last handgun ban in the U.S.
Marianas Variety - New gun-control law imposes $1,000 excise tax on pistols
http://www.cnmileg.gov.mp/resources/files/HCOMM19-160_SB19-94,SD1,HD10web.pdf
http://www.guns.com/2014/09/11/home-invasion-survivors-sue-to-overturn-last-handgun-ban-in-u-s/


Here comes the boogieman again………. And the slippery slope thingie…………. Even thou few if any legislators knows or would admit knowing of………

And takes place in the Northern Marianas’ which is not the end of the world………….but you can see it from there if you stand on a chair………

It's unfortunate that the feds are trying to overrule the local regulations. Hopefully the new ones stand.

 

[TurtleDude]

This will fall in pieces. A $1000 tax on pistols puts an undue burden on people looking to practice their constitutional rights. Nice try, but fail.

with the court's ruling, the turds who passed the tax know they are violating the constitutional rights of their citizens

they should all be charged with treason and sued into the poorhouse under the Bivens Standard for constitutional torts

additionally, none of them should have access to any armed police protection.

 

[TurtleDude]

It's unfortunate that the feds are trying to overrule the local regulations. Hopefully the new ones stand.

Yeah I suppose you are still upset that the 13-14th amendment made slavery unconstitutional in states that wanted to keep it.

 

[imyoda]

This will fall in pieces. A $1000 tax on pistols puts an undue burden on people looking to practice their constitutional rights. Nice try, but fail.

I would agree the $1,000 excise tax will be stuck down .............

But if the legislation is crafted so if one item is unconstitutional the other items/requirements would stand...........

And in accord with Heller the rest of the law is "reasonable" and does not put an unfair burden which would interfere/violate a person's Second Amendment right ...........

 

[TurtleDude]

I would agree the $1,000 excise tax will be stuck down .............

But if the legislation is crafted so if one item is unconstitutional the other items/requirements would stand...........

And in accord with Heller the rest of the law is "reasonable" and does not put an unfair burden which would interfere/violate a person's Second Amendment right ...........

I doubt it will meet a strict scrutiny standard anyway you look at it. It has nothing to do with crime control. Its Dem nonsense I suspect

 

[imyoda]

I'm kind of curious if this Edward whatever his name is ever heard of Morgan v. Commonwealth of Virginia that established the undue burden test. He might want to read up on these things before he gets all stupid in the future and passes another obviously unconstitutional law.

Please outline what is considered per Morgan .....an "unfair burden"........Scalia also affirmed the "unfair burden" concept............and reaffirmed the right of the government to make regulations as long as they were not burdensome enough as to interfere with 2A right....... in Heller...........

Also does the majority decision give any examples of what constitutes an "unfair burden......and how the court defined what was an "unfair burden"...........what part/section creates an "unfair burden...........

This is very interesting............and IMHO opinion the law will stand sans the $1000 tax

 

[imyoda]

It's unfortunate that the feds are trying to overrule the local regulations. Hopefully the new ones stand.

Where did you hear that?

I doubt that to be true................can you provide a link to what you claim ?

 

[TurtleDude]

Please outline what is considered per Morgan .....an "unfair burden"........Scalia also affirmed the "unfair burden" concept............and reaffirmed the right of the government to make regulations as long as they were not burdensome enough as to interfere with 2A right....... in Heller...........

Also does the majority decision give any examples of what constitutes an "unfair burden......and how the court defined what was an "unfair burden"...........what part/section creates an "unfair burden...........

This is very interesting............and IMHO opinion the law will stand sans the $1000 tax

the limitations on shotguns to 410 will get wasted. so will the no pistols outside the house

the 1000 dollar tax is probably grounds for a Biven suit. In an ideal situation, those who voted for it would be found to be "enemies of the constitution" and disbarred from ever holding office again

 

[notquiteright]

I would agree the $1,000 excise tax will be stuck down. But if the legislation is crafted so if one item is unconstitutional the other items/requirements would stand. And in accord with Heller the rest of the law is "reasonable" and does not put an unfair burden which would interfere/violate a person's Second Amendment right ...........

I'd say about half the other parts will be struck down. Reasonable is in the eye of the beholder... Constitutional in the eye of a Supreme Court Justice- well the majority anyways...

 

[imyoda]

I'd say about half the other parts will be struck down. Reasonable is in the eye of the beholder... Constitutional in the eye of a Supreme Court Justice- well the majority anyways...

No......."reasonable" is/has been defined by SCOTUS as you suggest

 

[Paleocon]

with the court's ruling, the turds who passed the tax know they are violating the constitutional rights of their citizens

they should all be charged with treason and sued into the poorhouse under the Bivens Standard for constitutional torts

additionally, none of them should have access to any armed police protection.

Legislative immunity

Yeah I suppose you are still upset that the 13-14th amendment made slavery unconstitutional in states that wanted to keep it.

Being enslaved=/=being unable to own a gun.

Where did you hear that?

I doubt that to be true................can you provide a link to what you claim ?

Did you not read your own link?

 

[jamesrage]

This will fall in pieces. A $1000 tax on pistols puts an undue burden on people looking to practice their constitutional rights. Nice try, but fail.

If we had a supreme court that cared about 2nd amendment rights I would agree with you.

 

[CPL.JPB]

This issue has been threatened by pandering liberal politicians long ago, the reality is it will never happen. I remember 10+ years ago there was a conservative estimate of 350 million guns in private circulation in the U.S., I would say that number is closer to 1/2 billion today. First of all to implement a $1000 tax on all guns sold it would have to be any new purchases from FFL dealers (stores). It would be a logistic impossibility to trace any private sales of existing firearms and even if the government required it, millions of gun owners would not comply with it. Some tiny island territory where individual gun ownership is probably close to a fraction of 1% passed such a law doesn't mean squat when it comes to the states. However, when these liberal politicians pander to their toadies with empty gun control talk they do accomplish a big sales increase in firearms and ammunition, I personally think that's funny myself because they know that's the consequences of their anti freedom rhetoric yet they keep on doing it. Makes me wish I had applied for a FFL and opened a store 8 years ago.

 

[imyoda]

This issue has been threatened by pandering liberal politicians long ago, the reality is it will never happen. I remember 10+ years ago there was a conservative estimate of 350 million guns in private circulation in the U.S., I would say that number is closer to 1/2 billion today. First of all to implement a $1000 tax on all guns sold it would have to be any new purchases from FFL dealers (stores). It would be a logistic impossibility to trace any private sales of existing firearms and even if the government required it, millions of gun owners would not comply with it. Some tiny island territory where individual gun ownership is probably close to a fraction of 1% passed such a law doesn't mean squat when it comes to the states. However, when these liberal politicians pander to their toadies with empty gun control talk they do accomplish a big sales increase in firearms and ammunition, I personally think that's funny myself because they know that's the consequences of their anti freedom rhetoric yet they keep on doing it. Makes me wish I had applied for a FFL and opened a store 8 years ago.

How wonderful..........That's an excise tax should all be behind...........


And it would solve another problem yall continue to bellyache about.....

Collecting that type of money would pay off the National Debt..........

Now what could be wrong with that?

 

[Socrates1]

Yeah I suppose you are still upset that the 13-14th amendment made slavery unconstitutional in states that wanted to keep it.

A childish comparison , does slavery make you feel that guilty ? :roll:

 

[Crimefree]

How wonderful..........That's an excise tax should all be behind...........

Anything to remove guns from citizens hands...........

And it would solve another problem yall continue to bellyache about.....

Hardly it will not change the focus of police action back to criminals as long as gun control promotes the myth it will solve crime.......

Collecting that type of money would pay off the National Debt..........

You don't know a damn thing about the international monetary system do you. It is not possible to pay off the national debt. It can only grow.......

Now what could be wrong with that?

How about you tell us why this debt cannot be paid off if you know so much..........

 

[Crimefree]

I would agree the $1,000 excise tax will be stuck down .............

But if the legislation is crafted so if one item is unconstitutional the other items/requirements would stand...........

And in accord with Heller the rest of the law is "reasonable" and does not put an unfair burden which would interfere/violate a person's Second Amendment right ...........

Typical usurper thinking.

 

[ludin]

if this does go to the SCOTUS the liberal judges will simply pander their ideology and it will be a tie vote.
it seems that the court has no interest in actually ruling on constitutional matters.

there have been 3 split rulings so far which should never have happened.
they are not doing their job.