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hack89

(39,181 posts)

28. Because smoking cigarettes is not a right specifically mentioned in the Constitution

Fri Feb 27, 2015, 01:54 PM

Feb 2015

there are three different levels of judicial scrutiny that courts use to determine the legality of laws . As you can imagine, Constitutional rights get the highest level of scrutiny.

http://blogs.findlaw.com/law_and_life/2014/01/challenging-laws-3-levels-of-scrutiny-explained.html

In the eyes of the law, ammunition and cigarettes do not have the same stature.

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Move to Ban a Bullet Adds to Its Appeal [View all] SecularMotion Feb 2015 OP

Fortunately there are plenty of alternatives hack89 Feb 2015 #1

one down... mwrguy Feb 2015 #2

They didnt ban .223, just trying to ban one specific bullet Travis_0004 Feb 2015 #3

I know that. mwrguy Feb 2015 #18

The key is what is an Armor Piecing bullets under US Law. happyslug Feb 2015 #20

Kinda stupid, I agree. Adrahil Feb 2015 #52

"The key wording is "may be used in a handgun"." beevul Feb 2015 #85

IMO, our firearms laws are antiquated and silly.... Adrahil Mar 2015 #104

On what grounds? M193 is not armor piercing. nt hack89 Feb 2015 #21

It is not down. former9thward Feb 2015 #23

Great idea. Just wish I could live long enough to see it randys1 Feb 2015 #51

Why do people need armour-piercing bullets for self-defense? DetlefK Feb 2015 #4

Indeed. Exhibit A Feb 2015 #5

But what if they were attacked by a robot? Kevin from WI Feb 2015 #22

Some criminals wear ballistic vests while committing their crime Blandocyte Feb 2015 #45

In that case, ANY center fire cartridge will do. Adrahil Mar 2015 #102

99% of ALL rifle calibers invented since 1894 will penetrate Lurks Often Feb 2015 #10

So very true! n/t Adrahil Feb 2015 #55

Yep. nt Mojorabbit Feb 2015 #84

Yep. Even Great-grandpa's 100-yr old .30-30 Winchester would penetrate Kevlar NickB79 Feb 2015 #92

Yep Munificence Mar 2015 #107

Non-military ammo is actually deadlier hack89 Feb 2015 #11

They are used to hunt. former9thward Feb 2015 #24

Not in my state.... happyslug Feb 2015 #30

ANY modern center fire rifle bullet will penetrate soft body armor. Adrahil Feb 2015 #54

Not a fan of guns, but: MosheFeingold Feb 2015 #73

it's for aggressive and pre-emptive self-defense atop post offices and bell towers. Scootaloo Feb 2015 #81

Any rifle cartridge will Duckhunter935 Mar 2015 #103

If you want to make something popular try to ban it. n/t PoliticAverse Feb 2015 #6

Will not happen Duckhunter935 Feb 2015 #7

And Congress will say NO and that will be that, except everyone will know valerief Feb 2015 #8

What a weird country we are Bagsgroove Feb 2015 #9

It is, in these respects it's a very weird country. I guess it's innate primordial fear that drives RKP5637 Feb 2015 #12

I don't think bullets should be banned notadmblnd Feb 2015 #13

they are taxed Duckhunter935 Feb 2015 #14

I said tax the HELL out of them notadmblnd Feb 2015 #15

What you are proposing is unconstitutional. hack89 Feb 2015 #16

Then by your reasoning... philosslayer Feb 2015 #25

Absolutely not. hack89 Feb 2015 #26

How so? Cigarettes carry exorbitant taxes and no one has questioned the constitutionality of it? notadmblnd Feb 2015 #27

Because smoking cigarettes is not a right specifically mentioned in the Constitution hack89 Feb 2015 #28

The 2nd amendment does give one the right to own weapons notadmblnd Feb 2015 #31

Here is a court case that says the 2A covers ammunition. hack89 Feb 2015 #36

LoL lancer78 Feb 2015 #29

yeah, so? notadmblnd Feb 2015 #33

Smoking kills 15 times as many people annually as bullets hack89 Feb 2015 #32

You didn't answer my question. How is taxing bullets unconstitutional? notadmblnd Feb 2015 #34

Because "arms" includes ammunition hack89 Feb 2015 #37

Taxing ammunition exorbantly would not render your arms useless notadmblnd Feb 2015 #38

I know disarming poor people and minorities is a dream of some hack89 Feb 2015 #40

Lots of poor people still smoke. notadmblnd Feb 2015 #41

I take it you didn't read the court case I sent to you? hack89 Feb 2015 #42

no, there is nothing in my inbox notadmblnd Feb 2015 #43

It is a post in this thread. hack89 Feb 2015 #44

nothing in there I saw about taxing bullets. notadmblnd Feb 2015 #46

You can tax bullets. Never disagreed with you about that hack89 Feb 2015 #47

Taxing them would not restrict their availability. notadmblnd Feb 2015 #48

What is the stated goal of your tax? hack89 Feb 2015 #49

And still you haven't shown me that law notadmblnd Feb 2015 #61

Cigarette tax money goes into the states general revenue funds hack89 Feb 2015 #65

I do believe medicaid $$ come from a State's general fund along with some funding from the Fed Gov notadmblnd Feb 2015 #69

Think for a second why poll taxes are illegal and it will all make sense. nt hack89 Feb 2015 #66

re-read post 61 notadmblnd Feb 2015 #67

Except that cigarette taxes are not used to mitigate the harms of smoking hack89 Feb 2015 #68

perhaps not directly, and yes, the tax on bullets could very well be set aside to defray costs notadmblnd Feb 2015 #71

So bullets are taxed right now at 11% to support environmental projects. hack89 Feb 2015 #74

Somewhere in this thread, a poster said they could get 1000 rounds for 88 dollars notadmblnd Feb 2015 #76

Why? So the manufacturer can make bigger profits? hack89 Feb 2015 #78

That's like saying we need a huge tax on cars.... Adrahil Mar 2015 #100

Show me a state that does not use cigarette taxes as a means to reduce the numbers of people smoking hack89 Feb 2015 #70

no, it's an added benefit notadmblnd Feb 2015 #72

So all you would have to do is calibrate your tax rate so there was no such "added benefit" hack89 Feb 2015 #75

a conservative judge might. notadmblnd Feb 2015 #77

Strict judicial scrutiny. The rock on which gun control founders time and time again. hack89 Feb 2015 #79

So putting a $1000 tax on an abortion would be ok? hack89 Feb 2015 #50

Good to know that I'm right and you have no valid argument left notadmblnd Feb 2015 #53

We are talking about using taxes to limit Constitutional rights. hack89 Feb 2015 #57

No, you are. notadmblnd Feb 2015 #62

The SCotUS has LONG maintained.... Adrahil Feb 2015 #58

see post # 61 notadmblnd Feb 2015 #63

Charging the 100 million plus that aren't murdering anyone... beevul Feb 2015 #86

suicide via smoking is no different, it just takes longer. notadmblnd Feb 2015 #90

Thats not a refutation of what I said. N/T beevul Feb 2015 #91

Every cigarette smoker smoker produces harmful second-hand smoke.... Adrahil Mar 2015 #97

Wouldn't exorbinant taxes on ammo lancer78 Mar 2015 #94

How is not having enough money to buy bullets Politicalboi Feb 2015 #59

Using taxes to specifically restrict the exercise of a constitutional right is illegal hack89 Feb 2015 #64

Try it out on another amendment... Oktober Mar 2015 #96

How is not having enough money to pay a poll tax Adrahil Mar 2015 #98

Actually, making cartridges so expensive that no one can afford to practice.... Adrahil Feb 2015 #56

how much is the retail cost these days per round? Sunlei Feb 2015 #17

Pretty silly, I can buy FMJ regular copper bullets for 1/2 the price. ileus Feb 2015 #19

Some folks want M855.... Adrahil Feb 2015 #60

The Army HATES the.M855 Telcontar Feb 2015 #87

Do you have a link to an article on this? I would love to send this to some rightwing politicians greatlaurel Mar 2015 #105

I dont know of any articles in public domain Telcontar Mar 2015 #106

at first I thought this said Mullet snooper2 Feb 2015 #35

This stuff will get republicans elected in 2016. Purveyor Feb 2015 #39

The gunners will just stock up more than usual, they never know how many people they need to shoot. Hoyt Feb 2015 #80

I'll just keep buying the cheap walmart 100 round boxes of winchester. ileus Feb 2015 #82

Ironically, M855 is the LEAST lethal of the 5.56mm rounds available. US servicemen HATE it NickB79 Feb 2015 #83

So more lead ammo will have to be sold to make up the shortfall madville Feb 2015 #88

I need to come up with some cheap gun thing that i could mark way up and then send out the word dembotoz Feb 2015 #89

We have a winner! It is really is just marketing to get people to buy outdated junk ammo. greatlaurel Mar 2015 #95

You may be kidding... Adrahil Mar 2015 #99

For fun, I went to Sportsman's Guide in West St. Paul, MN, today to see how the gun nuts were doing NickB79 Feb 2015 #93

A fool and his money..... Adrahil Mar 2015 #101