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Gun ordinance ripe
for defeat in court
The San Jose City Council requiring gun owners to pay a fee and buy insurance is political theater. The council knows it. If they don't, they are unfit for office. This ordinance advances gun rights and has given gun rights organizations legal low-hanging fruit for the courts. They decided to tax a constitutional right. The San Jose council may as well have instituted a poll tax.Let's remember, the Supreme Court has established — in upholding the Obamacare insurance mandate — that the mandate only survived as a tax. Thus, San Jose is taxing a constitutional right: "A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution," Murdock v. Pennsylvania, 319 US 105.
San Jose, your constitutional ignorance for the sake of political grandstanding has given gun owners and their advocates a clear court victory. Enjoy your ill-conceived, short-lived glory as the unintended consequences unfold nationwide.
Patrick J. McNamara
Martinez
