Guns: how much longer will it take ....

Neither is taxes.

Elizabeth Warren: ‘Increasing Taxes on Gun Manufacturers Will Reduce Gun and Ammunition Sales’
CNSNews.com Staff
By CNSNews.com Staff | August 12, 2019 | 1:20 PM EDT

Sen. Elizabeth Warren (D.-Mass.) is calling for significant increases in the federal excise taxes on guns and ammunition as a way of limiting gun sales in the United States.

“Increasing taxes on gun manufacturers will reduce gun and ammunition sales and bring in new federal revenue that we can use for both gun violence prevention and enforcement of existing gun laws,” Warren said in a Tweet she sent out on Saturday.

“Together, we can hold gun manufacturers accountable,” she said.

The Tweet included a link to a story in the Huffington Post about Warren’s plan.

“Sen. Elizabeth Warren (D.-Mass.) wants to sharply increase taxes on guns and ammunition as part of a comprehensive new plan to reduce gun deaths in the United States by 80 percent,” said the first paragraph of the Huffington Post story.

“For a century, the federal government has imposed an excise tax on manufacturers and importers of guns and ammunition,” said the story. “Handguns are taxed at 10 percent while all other guns and ammunition are taxed at 11 percent. Warren would raise the tax on guns to 30 percent and the tax on ammunition to 50 percent.”

It's like the NRA has NEVER heard of bow season....

Maybe the NRA needs to google it.


Guns and Taxes
THURSDAY, DECEMBER 6, 2018 Guns and Taxes
SUPPORT NRA-ILA

David Hogg wants a federal tax on firearms and ammunition. He has repeatedly broached the idea, including multiple times on Twitter, and only sometimes suggests a use for the tax revenue. Hogg’s tweets on a federal gun tax include references to implementing the same sort of licensing and permitting requirements as the government requires to drive a car or funding “gun violence” research.

We’ve previously addressed the problem with comparing “gun violence” and motor vehicle accidents or smoking, and the problem with anti-gun research, so we’ll focus exclusively on Hogg’s tax idea.

Except it isn’t Hogg’s idea. The idea of a tax on firearms and ammunition predates Hogg by about a hundred years. A moment on Google would have shown Mr. Hogg as much.

The Firearms and Ammunition Excise Tax (FAET) was first imposed in 1919. In 1937, the Pittman-Robertson Act directed all revenue from FAET and related excise taxes to be used for hunting-related activities. The FAET includes a 10% tax on the sale price of pistols and revolvers and 11% of the sale price of other firearms and ammunition, and 11% tax on archery equipment. The tax is applied whether or not the equipment is likely to be used for hunting. The U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau provides an informative reference guide, and the Congressional Research Service compiled a report on the tax and relevant legislative proposals just this past March.

The Pittman-Robertson Act funds acquisition and improvement of wildlife habitat, introduction of wildlife into suitable habitat, research into wildlife problems, surveys and inventories of wildlife problems, acquisition and development of access facilities for public use, and hunter education programs, including construction and operation of public target ranges.

More than $12 billion has been collected under the Pittman-Robertson Act of 1937, including more than $761 million in fiscal year 2017 alone. Revenues from the tax are placed into the Wildlife Restoration Trust Fund and distributed to the states and U.S. territories.

The National Shooting Sports Foundation, the firearms industry trade association, put together an informative video about how the excise tax supports conservation efforts and an infographic showing how the money collected from under the Act has impacted species. Spoiler alert: the white-tailed deer population went from 500,000 in 1900 to 32 million today, and the waterfowl population grew from few to 44 million. There are similar success stories for other species, all made possible through the excise tax on firearms and ammunition.

The Firearms and Ammunition Excise Tax is public information, as is the distribution of funds. Awareness of the tax may be low, but that doesn’t make the tax any less real. More than three-quarters of a billion dollars was collected last year; such an amount does not go unnoticed, particularly by the state wildlife agencies that depend on that funding for research and conservation efforts.

Mr. Hogg and others who want a federal tax on firearms and ammunition, would be well-served by spending a bit of time researching an idea before they start issuing demands.

https://www.nraila.org/articles/20181206/guns-and-taxes

Are you suggesting that taxation is not in the Constitution?

I am telling you that taxing guns, ammunition and accessories are NOT against the 2nd Amendment.

Five US retail chains are now banning the open carry of guns in their stores

Since guns and ammunition have already been federally taxed for over a century and has not violated the 2nd Amendment whatsoever, it already passes Strict Scrutiny.

That is incorrect. It does violate Strict Scrutiny, and therefore does violate the Second Amendment.

Not if the only purpose of the tax is to limit people's ability to use their rights. Taxing guns has nothing to do with violence, it has everything to do with making the purchase of firearms more difficult. These taxes will only effect poor people who want to protect themselves.

Cite your reference.

http://en.m.wikipedia.org/wiki/Strict_scrutiny

http://en.m.wikipedia.org/wiki/Government_interest

Not to mention the fact that the whole idea of a tax on fundamental rights is Orwellian.

Just imagine the police reading someone their rights during an arrest.

You have the right to remain silent if you can afford to pay your non incrimination tax (otherwise you'll be forced to talk). You have the right to an attorney if you can afford your legal representation tax (otherwise you will not be permitted to have your lawyer present when you are questioned)....

Everyone had better keep their search warrant tax paid up, otherwise the police can search their house whenever they want to, no search warrant required.

Don't even think of choosing your own religious beliefs if you haven't paid your religious freedom tax.

Well, there's this:

THE NATIONAL FIREARMS ACT
The National Firearms Act (“NFA”) was enacted in 1934 as part of the Internal Revenue Code. It was the first federal regulation of the manufacture and transfer of firearms. An exercise of the taxing power, the NFA levied a federal tax on the manufacture, sale and transfer of certain classes of firearms. The NFA has been amended and revised by subsequent federal firearms acts (see other Acts described on this page). Currently the National Firearms Act imposes an excise tax and registration requirements on narrow categories of firearms, including machine guns, short-barreled shotguns or rifles, and silencers.1 The NFA also includes, in a category defined as “any other weapon,” certain smooth-bore handguns.2 The vast majority of handguns are excluded. The current provisions of the NFA are codified at 26 U.S.C. § 5801 et seq. Additional details about the NFA may be found in Federal Law on Registration of Firearms.

https://lawcenter.giffords.org/gun-laws/federal-law/other-laws/key-federal-acts-regulating-firearms/

Restrictions on machine guns and heavy artillery can be justified as serving a compelling government interest.

Such restrictions also do not prevent people from having weapons that are effective for self defense.

Ok, so you now agree that federally taxing guns, ammunition and accessories is NOT against the 2nd Amendment, therefore perfectly legal.

And:

II. BASIS OF TAX

A. Tax Rates. The tax rates are 10% of the sale price of pistols and revolvers; 11% of the sale price of firearms other than pistols and revolvers, shells and cartridges. See 26 USC Section 4181(a); 27 CFR Section 53.61(a).

B. Factors to Determine the Existence of FAET Liability.

Occurrence of act of manufacture or importation.
Identification of manufacturer or importer who performed such act.
Taxable article was manufactured or imported.
Taxable article sold or put to a taxable use.
C. Definition of Taxable Articles.

Firearm. Any portable weapon, such as rifles, carbines, machine guns, shotguns, or fowling pieces from which a shot, bullet or projectile may be discharged by an explosive. See 27 CFR 53.11.
(Note — Black powder firearms are taxable firearms).

Pistols. Any small projectile firearm which has a short one-hand stock or butt to an angle to the line of the bore and a short barrel or barrels, and which is designed, made, and intended to be aimed and fired from one hand. See 27 CFR Section 53.11.

Revolvers. Any small projectile firearm of the pistol type, having a breech-loading chambered cylinder so arranged that the cocking of the hammer or movement of the trigger rotates it and brings the next cartridge in line with the barrel for firing. See 27 CFR Section 53.11.

Shells and cartridges. Any article consisting of a projectile, explosive, primer, and container that is designed, assembled, and ready for use without further manufacture in firearms, pistols and revolvers. See 27 CFR Section 53.11.

(Note — The definition of shells and cartridges also deals with the tax liability of ammunition reloaders that is discussed in Section III, E.)

D. Components of Taxable Articles.

Modern firearms firing fixed ammunition.
Action
Stock
Barrel
Antique firearms not able to use fixed ammunition.
Lock
Stock
Barrel
Shells and cartridges.
Bullet or projectile
Shell, casing or cartridge
Propellant
Primer

(Note — A taxable article exists if the article has these component parts. However, a taxable article may have other component parts, as well as spare parts and accessories).

Firearms Kits. A manufacturer, importer or producer is liable for FAET for all taxable articles that are complete as to all component parts even if the taxable article is sold in kit form (i.e. knockdown condition). See 27 CFR Section 53.61(b)

https://www.ttb.gov/firearms/reference_guide.shtml