Well, the lawsuit against New York could fail.G.A. Heath wrote:I'm not saying that we should try to change the fees via litigation, in fact no one in their right mind wants to litigate anything they can deal with using other means (excluding lawyers). I'm just saying that if the SAF/NYSRPA lawsuit against NYC goes according to plan then we can almost guarantee that Texas will be sued on that issue.
Courts including the U.S. Supreme Court have upheld high fees and stringent requirements such as the NFA. Remember that the $200 NFA tax was about half a year's salary for the average workman when the law was enacted. It was intended so that only "the right sort" could legally own controlled weapons.
As you say, litigation is a fallback strategy when the legislature violates a constitutional right and does not respond to lobbying or public protest.
Members of this forum might like to see a court order the CHL fee reduced, or even declare that PC 46.02 is unconstitutional. However, what the courts give, they can take away. A lawsuit of this sort could result in PC 46.02 and the CHL law being found completely valid under the U.S. and state constitutions.
In fact, I think the latter would be likely, if anyone brought such a suit.
- Jim