Fees, fines, and taxes.

[Leadeye]

With laws being subject to interpretations of the language what's to stop the executive branch for charging NICS fees in place of increasing taxes on guns. I know congress has the responsibility for taxes but when you get into fees, or fines like obiecare the picture gets cloudier. Can a new administration charge, 50, 100, 250+ dollars for a NICS check if they can put up numbers, to justify it as a "tax" on gun sales?

 

[OutdoorDad]

What's to stop it?

SCOTUS.

 

[WarJunky91]

Unless they can prove that on paper the fees are going 100% towards NICS they can't just jack up the price. And honestly i think if someone took it to court they could challenge the NICS fee itself if you apply the same arguments people have about needing an ID vote and States only issuing IDs for a fee (hence why Indiana offers a standard ID for free).

 

[SnoopLoggyDog]

With laws being subject to interpretations of the language what's to stop the executive branch for charging NICS fees in place of increasing taxes on guns. I know congress has the responsibility for taxes but when you get into fees, or fines like obiecare the picture gets cloudier. Can a new administration charge, 50, 100, 250+ dollars for a transfer if they can put up numbers, to justify it as a "tax" on gun sales?

The simple answer is only if the Agency changes the Regulatory Guidance in writing, publishs it in the Federal Register, and allow a comments period before enacting changes and applying fees.

In reality, it is a lot more complex when politics, lobbyists, media, special interests and Congressional Subcommittees get involved. A new administration can encourage and direct an agency to conjure up any legal and regulatory hoops they deem fit, to enact provisions that ensure greater public safety. These changes would be in accordance with their political mandate.

 

[snorko]

The $200.00 is an excise tax so I am pretty sure it would need an act of congress to increase.

 

[Leadeye]

Had to edit post, I keep thinking transfer when the feds are involved, my background being NFA of the 70s and 80s.

 

[Kirk Freeman]

Can a new administration charge, 50, 100, 250+ dollars for a NICS check if they can put up numbers, to justify it as a "tax" on gun sales?

I would say that such an action is way outside the realm of EO or EA. NICS was an act of Congress.

 

[amboy49]

I would say that such an action is way outside the realm of EO or EA. NICS was an act of Congress.

Well, you're probably right - but for some reason I just Googled "how was the EPA formed,". I learned it was created as a result of an Executive Order signed by President Nixon.Higher NICS tax or fee - nope never happen. Yeah, right. ��

 

[LPMan59]

Don't worry guys, if ever a tax should come about we can rest easy knowing that Chief Justice Roberts will have our back