The New Jersey Second Amendment Society writes:
Democratic gubernatorial nominee Phil Murphy just released a plan to raise $1.3 billion a year in new taxes. According to Murphy’s plan, “all gun sales should be subject to a tax that will fund law enforcement, drug treatment centers, and mental health services.” Though we aren’t the New Jersey Fiscal Policy Society, we do object to Murphy’s absurd proposal to tax gun sales as a way to prevent violence.
While Murphy’s fact-free campaign to become New Jersey’s next governor is cheered on — instead of critically analyzed — by our state’s liberal media, at least one absurd Murphy tax proposal won’t go unchallenged by NJ2AS.
For the purposes of saving space on the internet – or not going insane debunking Murphy’s madness we’re breaking down the proposal to three basic issues:
1. Numerous studies have shown that as gun sales have increased, gun crimes have plummeted. That’s a fact, whether Murphy wants to accept it or not. Actually, the City of Seattle of saw a surge in gun violence after implementing a tax on all guns and ammunition
2. It’s the equivalent of requiring a fee to register to vote and saying the fee goes towards election integrity. Murphy’s lack of respect for the Bill of Rights, unless it benefits him politically, is striking.
3. Given New Jersey’s one-handgun-a-month law, how could Murphy claim his proposal would raise enough revenue to fund law enforcement, drug treatment centers, and mental health services?
It’s safe to say Murphy’s anti-gun comrades at New Jersey Advanced Media (NJ.com) won’t be grilling him on that last question, or even ask him for specifics on the gun sales tax proposal (beyond fluff campaign rhetoric). Observer Media did get a campaign spokesperson on the record, stating that they didn’t “consider that revenue significant enough to factor into the [$1.3 billion] plan.”
In the meantime, NJ2AS will continue to resist Murphy’s insane anti-second amendment agenda and inform the public about his extreme policy proposals.
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ED: For context, here’s Mr. Murphy’s position on gun control [via nj.com]:
When it comes to gun control and Christie, Phil Murphy’s loaded for bear: His campaign website says he would sign “every piece of gun violence prevention legislation that Governor Christie has vetoed.”
Such bills include banning gang members and domestic abusers from owning guns, mandating gun safety training as a prerequisite to firearms purchases, and promoting so-called biometric or “smart gun” technology by requiring all gun retailers to carry at least one smart gun once they are commercially available.
Murphy also would require “timely reporting of mental illness episodes to the national background check database” — something Christie’s opposed.
To cut down on illegal gun sales and transfers, Murphy wants to require individuals to register their firearms and make it a crime to sell one’s gun without first conducting a background check on the buyer.
Finally, he favors an additional tax on firearms purchases to that would “fund law enforcement, drug treatment centers, and mental health services.”
Unconstitutional. See Minneapolis Star Tribune Company v. Commissioner, 460 U.S. 575 (1983).
At the end of the day, NJ is part of America, and POS (D) are sh_tting on my America. I need some preemption and injunctive relief.
Push back should be 900%.
The evil POS (D) of NJ need to be disbanded.
If you’re a POS (D) you can’t legally have a gun, but you can vote for them if you legally have a gun.
Not really a good parallel. Also if it is illegal, explain the excise tax.
I 100% agree with you that it is entirely proposed to place a burden on an individual, incorporated right, to deliberately and specifically discourage people from exercising that right. It’s just that it’s going to be hard to fight such a thing when fighting it endangers a long standing, large pool of revenue. I.e. FET.
In California CRPA just won a case against the state DOJ regarding firearms taxes. The tax was established to cover the necessary administrative costs of transfering firearms through FFL’s and nothing more…. wel CA DOJ was siphoning off extra money from the tax to fund other programs. Big no-no, even out here in utopia, and the judge agreed….. however the “mandatory smart gun state” may be different, i dont know.
Well in NJ, seeing as they haven’t gotten in trouble for raiding the fuel tax that is specifically earmarked for the transportation trust fund which is currently bankrupt due to said raiding, I doubt they can get in trouble for taxing firearms where the law they want to pass says they can use it for literally anything.
About the only thing they don’t just dump in the general fund and use for corruption, graft and waste are income tax dollars which are required by the state constitution to be used only for property tax relief.
raz-0,
I would argue that the excise tax is illegal as well. It stands because no one has asked the legislature nor the courts to stop it.
Note: I suspect that no one has asked the courts to stop it because they figure the courts will rule to allow the tax — just like Chief Justice Roberts ruled to allow the Obamacare tax.
Well if the tax exists, HAS existed for a long time, there’s no legislation against it, an appeal to the commerce clause to justify it, and you don’t think the judiciary will rule against it, then it being illegal… well to quote the dude “Yeah, well, you know, that’s just, like, your opinion, man. ”
I think an undue burden case could be made for most any fees and taxes on the 2nd. I just think it’s problematic to win them. Especially the excise tax, as lots of shooters make use of what it pays for. Getting unified support in opposition would be rough.
Which excise tax? A tax on a specific category is only unconstitutional if that specific category is a constitutionally protected activity/item used for that activity. Minneapolis Star Tribune isn’t a perfect parallel, but it is close enough that I’m comfortable saying this tax (and the Pittman-Robertson tax) are unconstitutional.
Democrats “feel” nothing is unconstitutional unless it goes against what they think people should be doing.
Maybe the state of New Jersey should make it easier to buy guns then if they want to make a billion dollars in taxes.
Taxing everything including firearms is fine. I pay state sales tax on my guns. Similarly, I pay sales tax on gasoline which I use to drive myself to the polls to vote. Having an extra tax on JUST guns is wrong. As wrong as having a tax on just voting. Or having a tax on just publications as TX_Lawyer pointed out.
See http://chicago.cbslocal.com/2017/07/31/cook-countys-soda-tax-to-begin-wednesday/
The tax men cometh, and their marching song is “There’s no stopping us now”!
Guns, ammo and other related accessories should all be tax free! In every state all the time. I bet this dude would have a conniption if someone offered up legislation like that. Bless his heart!
You can make the same argument for pens, paper, and computers in relationship to the 1st amendment.. Hell, all sales tax was commonly considered unconstitional and was a major reason for the revolution up until about 60-70 years ago. The problem is powerful government out of control. Taxes are a byproduct that recycles and makes the government more powerful.
If we could get a follow up to this.
https://www.google.com/amp/www.thetruthaboutguns.com/2015/02/foghorn/breaking-federal-judge-declares-interstate-handgun-transfer-ban-unconstitutional/amp/
It wouldn’t even matter. I dont see why the current administrion would apeal.
Carlwinslo,
That ruling only applies to the jurisdiction where the judge issued the ruling. It does not apply nationwide. Whether or not that jurisdiction covers New Jersey I have no idea.
From the comments on the cited TTAG article:
“foosball says:
February 11, 2015 at 16:35
I think Mr. Bonham may have missed one of the more important aspects of this case: “Accordingly, the
Court DECLARES that 18 U.S.C. §922(a)(3), 18 U.S.C. § 922(b)(3), and 27 C.F.R. §478.99(a) are UNCONSTITUTIONAL, and Defendants are ENJOINED from enforcing these provisions.” Note there are no geographical or jurisdictional limitations on this declaration or injunction. It would not surprise me if Defendants next move is to seek to stay the declaration and injunction pending appeal (which would allow them to continue to enforce the law until the appeals process is exhausted).”
I’d say it’s national in scope. Just like the immigration bans. I’ll look the order up latter and come back if foosball was wrong.
In 2015 a federal judge struck down ban on out of state gun sales. Why hasnt the apeal been dropped by the current administration? It would make all of this moot.
Ask Seattle how that worked for them(financially).
Bu then again, we knew it wasn’t done for increased revenue.
Wait…aren’t all of his proposals, except for the tax, already the law in Jersey?
As an aside, in addition to the 1 gun a month limit, you need, as I understand it, a permission slip from your local chief of police for every gun you buy—and that may take six months, notwithstanding that state law mandates the permit be issued in 30 days.
You need to first get an FID card, then a slip for each handgun. Long guns dont need the additional slip. We still are holding on to a 15 round mag limit, but you do not have to register guns bought out of state. The real stupid one is that handguns have weight limits.
The weight thing is probably a work around to ban “single shot non-magazine fed” AR-15ish pistols. California just passed a law specifically prohibiting SSP’s based on AR lowers. The law is rather ambiguous and contradictory to other stutory sections, definitions, and regulations so I dont see it standing the smell test long term in the courts. But weight limitations are a novel work around that most people wont consider.
It has that effect, but its origins was the Desert Eagle.
The weight ban has nothing to do with the desert eagle as suggested by others. It’s part of the NJ assault weapon ban. There’s an assault pistol definition, with an evil feature test, and one of them is weight. The target of it were the likes
B. a semi-automatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following:
an ammunition magazine that attaches to the pistol outside of the pistol grip; Targets were largely the tec-9, the various mac-10 like pistols, baby uzi pistols, calico m950 and similar.
1. a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
2. a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
3. manufactured weight of 50 ounces or more when the pistol is unloaded; and
4. a semi-automatic version of an automatic firearm;
There are a couple ar format pistols that make the cut as long as you skip the handguards. They do struggle witht eh 50oz weight limit.
The DE only fails the weight test, thus it is fine.
I thought people in New Jersey were not allowed to buy guns. How is he going to get all of that tax revenue on something you can’t purchase?
Maybe Murphy can also call for a tax on cement and waste management services.
Oh wait, I think there’s already an organization in NJ that’s got that covered…
I lived in New Jersey when they said the lottery was going to pay for education and nothing else so it could provide property tax relief!! How did that work out for you Jersians?? One of the highest property taxes in the country and the lottery is part of the general revenue and still you dumb people keep putting the demo rats in control of the legislature. Then you move out bitching about the taxes and go to another state and start bitchin about the lack of government shit and you start the ball rolling somewhere else!! You demorats are like a cancer that can’t be controlled!! People leave because off the burdens you employ and when they leave because they don’t want to be taxes to death you follow them and make certain to impose your will in a new state. Look what happened to Oregon and Washington when liberals left California. Look at Colorado. You deomorats ruon every place you touch!!
And it is becoming more and more clear each day why the jackass is the Democrat party mascot….
I guess dumbass doesn’t realize that if you buy a gun from a NJ FFL you pay sales tax. You also pay it on transfers.
Great so now when i get a new gun i help pay a derilict get treatment for their drug use. Fml. And yeah one handgun a month sucks. But if u didnt know in nj u can buy as many long guns as you want.
You do not tax a constitutional right. Why don’t these morons in NJ tax the ridiculous hair styles (the morons from Jersey Shore show come to mind) in that state and double the tax for cars and tax bad speech as well (they do not speak English in Jersey but what the hell). Taxing guns more will not make much money since it is so difficult to own one in NJ. Why they make it so difficult to live in that state?By the way has anyone noticed the uniforms of the NJ State Police? They look like Nazi Storm Troopers. Maybe they need softer toilet paper. It’s a “Jersey thing” so I will not pretend understand why their hemorrhoids are so bad. Again, it’s a “jersey thing”.
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