Quote:
Originally Posted by PSM
I heard an interesting argument, on Mark Levin's radio show yesterday, that this would be taxing a "right" and would be illegal like a "poll tax" is illegal.
Pat
|
A more apt analogy would be allowing newspapers to continue to publish, but imposing a special tax on ink or newsprint. That would be a violation of the First Amendment's guarantee of freedom of the press. See, e.g.,
Minneapolis Star Tribune Company v. Commissioner, 460 U.S. 575 (1983). Also, if you read that case, which is available on-line, note that the Supreme Court held that even though the tax wasn't intended to infringe on First Amendment rights, its structure and effect imposed a special burden on the press that was a violation. Here, by contrast, I think it's pretty clear that these states are trying to infringe on Second Amendment rights.