US Supreme Court: Gun Licensing Fees Are Unconstitutional – IOTW Report

US Supreme Court: Gun Licensing Fees Are Unconstitutional

American Thinker

By Civis Americanus

While I am not an attorney and cannot give formal legal advice, a 1943 U.S. Supreme Court decision, Murdock v. Pennsylvania, may give Second Amendment–supporters an overwhelming legal weapon with which to destroy every single firearm ownership (although not necessarily concealed carry) licensing scheme in the country.  This includes those that require licenses to own or purchase firearms.

  • License to own: IL, MA, NY
  • License to purchase: CT, HI, IA, MD, MI, NE, NJ, NC, RI

The executive summary of the ruling in Murdock v. Pennsylvania (1943) was that it is unconstitutional for a state to levy a tax on people who want to sell religious merchandise.  “A municipal ordinance which, as construed and applied, requires religious colporteurs to pay a license tax as a condition to the pursuit of their activities, is invalid under the Federal Constitution as a denial of freedom of speech, press and religion. The mere fact that the religious literature is ‘sold’, rather than ‘donated’ does not transform the activities of the colporteur into a commercial enterprise.”

What does this have to do with fees to obtain a license to own or purchase a firearm?  The USSC also found, “A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution.”  This means the entire Bill of Rights as opposed to just the First Amendment. Keep reading

10 Comments on US Supreme Court: Gun Licensing Fees Are Unconstitutional

  1. Why is concealed carry a caveat?

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

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  2. I’m going out on a limb here and am going to proclaim, with a fair amount of certainty, that the current occupiers of OUR government do not give a hang about what The Constitution, Bill of Right or the Supreme Court has to say about any damned thing. Just a guess. After all, Executive Orders are currently all the rage.

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  3. Every gun control law starting with the NFA in 1934 is unConstitutional. Ask your representative why you can’t go into any gun shop or hardware store and purchase any weapon you want, including full auto rifles, pay for it and walk out of there with no more paperwork than a receipt.

    If he starts in with any bullshit about keeping weapons from criminals or crazy people(which BTW is really another good reason to have a weapon) or children, you’ve got a rep that doesn’t understand our Constitution.

    shall not infringe seems mighty clear to me.

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  4. Remember the clinton gun ban that George bush allowed to sunset because it had negligible effect on crime?
    Yeah, they’re hoping you don’t.
    I sure remember what a pain in the ass it was for legal gun enthusiasts.

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