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Reply to "Privilege tax on gun ammunition "
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[quote=Anonymous]Q. Did the public which ratified the Second Amendment understand that every type of firearm, ammunition or explosive available was protected by the guarantee against infringement; and did the Founders intend for the People to have equal or inferior firearms technology to the military forces? Reasoning has been used to say that civilians and militiamen did not possess certain types of weapons available during the Revolutionary period. A. Historical documents prove this is untrue. Civilians and militiamen possessed artillery, rifles (superior firearms technology to the military forces), military firearms, blunderbusses (short barreled shotguns), pocket pistols, pistols, carbines (short barreled muskets/rifles), explosives and literally every firearm know to exist at the time. The Founders did not permit themselves to be taxed in the exercise of any other rights, and they would have considered imposition of a tax burden upon the right to keep and bear arms to be an infringement of that right. Being required to give one's name to an official, obtain permission, or pay a tax to publish one's sentiments, practice one's religion or to own a firearms of any sort, would have been considered infringements by the Founders. Since the Second Amendment is a prohibition placed on all branches of government, and according to Article 5 of the Constitution carries the same legal weight and authority as the Articles themselves, use of commerce or taxation powers in regard to the right of the people to keep and bear their private arms is clearly improper and illegal. Americans developed a system in which the Constitution is Supreme, and the concerted effort by legislatures and courts to nullify an explicit restriction upon their powers cannot be justified. (See Nunn v. State (1846) declaring that any law, Federal or State, which would contravene the right of the people to keep and bear arms of every description would be repugnant to the Constitution and void). Historical records prove beyond any doubt that the Founders and Framers intended the people to have access to even military type weapons. (See Appendix L; also Appendix M) Many courts have said that military weapons are protected by the Second Amendment. (See, Fife V. State, 31 Ark. 455, 460-61 (1876); Andrews v. State, 50 Tenn. (3 Heisk) (1871); Aymette v. State, 21 Tenn. (2 Hum) 154 (1840); State v. Buzzard, 4 Ark. (2 Pike) 18 (1842); Wilson v. State, 33 Ark. 557, 560, 34 Am. Rep. 52, 54-55 (1878)). https://www.supremecourt.gov/DocketPDF/18/18-6515/68557/20181031105639405_00000014.pdf [/quote]
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