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May 16, 2009
TAX Imposed on Second Amendment Rights in Florida
From : Marion P. Hammer
USF Executive Director
NRA Past President
When government takes money from citizens for general use by government, IT'S A TAX.
When government confiscates user fees from trust funds intended to be used to administer specific programs and converts it to government use for other purposes, IT'S A TAX.
When government leaders claim to oppose tax increases and promise not to create new taxes but then raid trust funds, they have deceived you because THEY HAVE CREATED A NEW TAX.
In a last minute sneak attack on gun owners, the Florida Legislature raided the concealed weapons and firearms licensing trust fund and CREATED A TAX ON THE EXERCISE OF THE SECOND AMENDMENT.
They took $6 million from the Division of Licensing Concealed Weapons and Firearm Trust Fund that is intended, by law, to be used solely for administering the concealed weapons and firearms licensing program. THAT IS A DEFACTO TAX ON GUN OWNERS.
BACKGROUND:
Because legislative budget officials have refused to allow the Division of Licensing to use their own trust fund money to hire necessary staff and upgrade equipment, the Concealed Weapons and Firearms Licensing program is in crisis.
It is a crisis created by the legislature and anti-gun budget staffers. They refused to allow gun owners' money to be used to administer the gun owner program -- as required by law -- then confiscated gun owners' money for their own political purposes. THEY CREATED A SECOND AMENDMENT TAX.
Right now, the concealed weapons and firearms licensing program is backlogged and overloaded due in part to the refusal of budget officials and the Legislature to allow the Division of Licensing to use its own trust fund money to hire more employees and expand/upgrade equipment.
Crates of unopened mail containing license and license renewal applications sit in storage. The backlog of mail sitting unopened, at times, has extended beyond 90 days while existing licenses are expiring because renewal applications haven't been opened and processed.
Currently (although the Division of Licensing has been working weekend shifts to clear the backlog), it is taking 13-14 weeks to process a "perfect" application once it has been opened. That is an unequivocal violation of the law that requires issuance or denial of a license by a time certain –– a violation of law that legislative leaders are condoning by their actions.
THE LAW REQUIRES THE DIVISION OF LICENSING TO ISSUE A LICENSE WITHIN 90 DAYS OF RECEIPT OF THE APPLICATION -- or deny the license "for cause," based upon the criteria set forth in the law. Theft of operating funds by the Legislature is not "just cause" for failure to issue licenses or renewals within 90 days.
Theft of those operating funds IS A TAX ON THE EXERCISE OF THE SECOND AMENDMENT.
While applications sit gathering dust, legislative leaders took $6 million of approximately $8 million held in the trust fund. That $6 million is supposed to be used to pay employees, buy upgraded equipment, upgrade or replace computers or software, and to otherwise administer the concealed weapons and firearms licensing program.
BUT, feigning a desperate need for funds for education and health care, legislative leaders recklessly and ruthlessly confiscated gun owners’ trust fund money. Why? Because they were building a so-called "working capital" fund for the 2010-12 legislative term, reported now to be in the neighborhood of $1.8 BILLION DOLLARS. This so-called "working capital fund" is for the use of future legislative leaders. THAT MAKES IT A TAX ON THE EXERCISE OF THE SECOND AMENDMENT.
While Senate leadership reportedly fought to stop the ruthless raids on trust funds, in the end, they simply caved and HELPED the House of Representatives CREATE A SECOND AMENDMENT TAX.
The bad behavior doesn't end there.
Obviously fearing the Governor would use his line-item veto to stop THE SECOND AMENDMENT TAX, proviso language was inserted in the bill in a clear attempt to intimidate the Governor.
The proviso language says that if any portion of the moneys swept from this and other trust funds does not become law (meaning it is vetoed), that portion of the money shall be deducted from the EDUCATION BUDGET. This is clearly designed to keep the Governor from vetoing THE SECOND AMENDMENT TAX, and prevent trust fund money from being taken back out the House leadership's so-called "working capital" fund.
Money in the concealed weapons trust fund came from gun owners. No money to administer and run the concealed weapons and firearms licensing program has ever come from general revenue, or any other state fund or revenue source. The taking of these gun owner user fees is a de facto tax on the exercise of the Second Amendment.
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Whether you are a resident or non-resident holder of a Florida Concealed Weapons and Firearms License, this affects you!
You can Call, Fax, or Email Governor Charlie Crist IMMEDIATELY, and ask him to VETO THE SECOND AMENDMENT TAX created by the confiscation of $6 million from the Division of Licensing Trust Fund.
Phone number: (850) 488-4441 or (850) 488-7146
Fax number: (850) 487-0801
Send your email to the Governor at this address:
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Wild Thing's comment........
I have never been a huge fan of Charlie Crist. I just don't trust Crist to ever do the right thing. When they are more rino then conservative that is the feeling that has to be constantly there. Will he do the right thing or not.
“”The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” — (Thomas Jefferson)”
....Thank you Richard for sending this to me.
Posted by Wild Thing at May 16, 2009 07:45 AM
Comments
Ha-ha! They aren't reading the laws on the books either. What a bunch of hypocritical asswipes (sorry!). I have the right, given to me by our Founding Fathers to own a gun if I want to! No one can tell me otherwise. I have German stubbornness and a fiery Irish temper. These so called bills are just pissing me off and making me want to push my voice down their throats!
Poor stupid idiots.
Posted by: Lynn at May 16, 2009 11:19 AM
What part of "SHALL NOT BE INFRINGED" do these idiots not get?
infringe (verb): to encroach upon in a way that violates law or the rights of another infringed (U.S. Constitution amendment II)
fringe (verb): to form a border for.
fringe (noun): Something that resembles such a border or edging.
You know those "taxes" will just go either into the pockets of those legislators or to pay off their political cronies.
Posted by: JohnE PFC U.S. Army at May 16, 2009 11:29 AM
It's everywhere WT, all of the Bill of Bights is under attack including the entire United States Constitution. Charlie Crist is just another politician that has ignored his oath of office and joined the other Socialist hogs at the trough. California is about to slip under, bankrupt, Ahnold Kennedy Swartzenegger is begging anyone to buy State assets, to sell off 'state' property to further the march into oblivion of that Socialist state. None of them understand fiscal responsibility or the fact that government doesn't create jobs or freedom, only slavery. GM and Chrysler - Government Motors are prime examples of the failures of Socialism within our own borders and the mindless minions just love it. Pass the TARP, please and some of that Heinz hero ketchup!!!
Posted by: Jack at May 16, 2009 12:00 PM
They're just doing what the Feds have been doing for decades. The US Congress has been raiding the Social Security and Medicare trust funds to pay for other spending programs. It is not unusual for politicians to raid one fund to pay for another. Our gasoline taxes don't all go for roads and bridges.
You have to remember that most politicians are lawyers. For them, laws are to be interpreted, not followed. If a law says to jump through hoops, they will just redefine hoops and jump. Remember the famous question of the definition of "is"?
Posted by: TomR at May 16, 2009 12:39 PM
Congress has exactly 17 enumerated powers and writing laws that abridge the constitution is not one of them.
Since Marbury v. Madison it's been all down hill. Each succeeding congress has been allowed to get away with more and more now we have reached the breaking point. Trouble is, by the time the people wake up to change it, it may be too late.
Obama and Congress are going at breakneck speed to get their agenda in place because they know they got maybe two years to get done what they planned.
And you know what. Its our own fault. Not you and me but Millions of people who don't vote, take their right for granted or the famous line well, "My one vote doesn't count anyway". This the problem the People have gotten too complacent and lazy, ...boy are they going to be in for a shock.
Posted by: Mark at May 16, 2009 02:52 PM
Lynn, hahaha your so right.
"They aren't reading the laws on the books either"
Posted by: Wild Thing at May 16, 2009 06:48 PM
JohnE PFC U.S. Army, that is great,
thank you for posting that.
Posted by: Wild Thing at May 16, 2009 06:49 PM
Jack, thanks, like you said it is
everywhere. It is like some sickness
this wanting to trash our Constitution
and our rights.
Posted by: Wild Thing at May 16, 2009 06:53 PM
Tom, I read someplace a few years ago
about how the Demcorats had been taking
money from Social Security while they
were in the majority off and on for
some 40 years. And now they start
to tell us how it will be broke. But
they won't tell the truth of course
that they had a lot to do with it.
Your so right about them being lawyers
and how lawywers look at the law.
" interpreted, not followed"
I am so literal it is hard to get how
they can do that but they sure do.
Posted by: Wild Thing at May 16, 2009 06:57 PM
Mark, you absolutely right. I was
shocked when I saw the numbers how so
many did not vote.
Posted by: Wild Thing at May 16, 2009 07:03 PM
