In a case involving fees for commercial filming in areas under the control of the National Park Service, the DC District Court has ruled that fees charged for exercising constitutional rights of the first order are unconstitutional… ‘This regime is difficult to square with the longstanding rule that the government may not “impose a charge for the enjoyment of a right granted by the federal constitution,” including the First Amendment right to free expression.’ [More]
I see this was written before a historical understanding was ruled the standard.
Still, what’s with “a right granted by the federal constitution“?
[Via Dan Gifford]
In the congressional hearings that concerned the writing of the NFA, Congress admitted that they couldn’t ban machine guns and other items useful to a militia, but they could impose a heavy tax on them. $200 was a lot of money at the time, with even larger fees for destructive devices. If this decision holds…
Plus mandatory outlandish fees for applications, background checks, and training.
The case is somewhat clearer when the fedguv is the one charging the fee… but when are they going to get around to striking down discretionary state license fees? Especially in the states where licenses are required for mere possession?