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by TaxThisoIo on Tue Sep 02, 2003 12:03 pm
As I see it, if we're going to save freedom in America from the tyranny of the ignorant, selfish an unethical majority, Constitutional Principle must be defended and reinforced in American courts. The politicians that have imposed all the bigoted, anti-vice, legislation against smokers must be held accountable "legally" for their treason against the fundamental principles of the Constitution. The "Bill of Rights" was composed to protect against the very type of crimes currently being routinely committed against cigarette smokers, and we should not passively allow the core of Jefferson's wisdom to become just a historical artifact without putting up a fight.

For my part, I have spent three years, and about $800 pursuing the legal action of Gary Mosher verses the New Jersey Division of Taxation. I think I've got one treasonous judge, and the shysters within the office of the attorney general, on the ropes and in position for a humiliating ass kicking. The really good news is the only thing that can save them now would be an overt act of cheating by some "Supreme" higher authority which would provide the opportunity for us to knock the whole hideous monster down, corrupt head and all.

In other "less ranting" words: I think cigarette smokers should be using the courts to fight back and think it would be a good idea to have a "subject" on this board devoted to discussion regarding the legal issues and the cases in process. If you know of any "smoker initiated legal actions" please post the link. The only other legal action I know of (that is not not industry related) is this lawsuit by New York City Clash.
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Newbie Joined: Sep 01, 2003 Posts: 2
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by guest on Tue Sep 02, 2003 3:29 pm
Sorry you all, I am not "logged in" but I can assure you that this is Rick Laughing

I sure as hell hope the NYCCLASH lawsuit reverbates throughout the country because things are getting stupid where I go to college at. They have initiated what I call, phase 1: They have restricted smoking to certain outdoor areas near/around buildings. Phase 2 is when we will have to be 10 feet away (I'm guessing) and Phase 3 is when they will ban it entirely as they did at Western Washington University (for more about this topic visit www.smokingpermitted.com and see the anti's in full swing).

I don't mind being outside, but mind you, if this is an attempt to ban such actions at a place I PAY to go to, it won't go unnoticed.
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by Jay on Wed Sep 03, 2003 1:35 am
I just wanna add I'll have full control of smokingpermitted.com soon. It will always remain a pro-smoking site.
Jay Enthusiastic Smoker
Enthusiastic Smoker Joined: Jun 10, 2003 Posts: 479 Location: Chicago
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by Tom on Wed Sep 03, 2003 12:54 pm
[quote]I checked out that company Smokers Advantage. The websites are actually smokesadvantage.com or tobaccoadvantage.com. That makes me sick to think about. They are charging $31.99 for name brand cigaretts now. What a rip off. With a state tax of $.03 per pack, cartons should go for about $24.00. Giving the information to NJ and charging you the tax back home is just not right. I'm surprised to see a company like that is still in business with all the legal offshore online cigarette shops nowadays.
Tom Smokers Rights Activist
Smokers Rights Activist Joined: Aug 24, 2003 Posts: 961 Location: The Kingdom of New Jersey
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by BWilliams on Wed Sep 03, 2003 12:57 pm
Gary;
Sorry to see you get burned this way - that is total bull [freakin'] [doodee]! I guess we can let that be a lesson to everyone else - do NOT buy cigarettes in this country until some laws are changed. This is getting ridiculous, and only an all-out ban will help. Buy from yesmoke or any other foreign supplier until they feel the sting of our economic boycott!
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Site Owner Joined: Jun 05, 2003 Posts: 1070 Location: New York City
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by TaxThisxIx on Wed Sep 03, 2003 4:39 pm
One of the unfortunate disadvantages of pursuing my lawsuit is that I now have been informed of state law, and am obligated to respect it if I am to retain credibility. In New Jersey by legal technicality (even without the Jenkins act) it is illegal to purchase any un-state taxed cigarettes without submitting state taxes. Smokers are in fact obligated to file a "tax return" of sorts.

From: RESPONDENT BRIEF

Quote:
...under the Cigarette Tax Act, Appellant was actually required to obtain a license before acquiring unstamped cigarettes for his use. N.J.S.A. 54:40A-3 provides, in pertinent part, that no person shall "acquire unstamped cigarettes for consumption, storage or use in this State without having first obtained the appropriate license for the purpose as prescribed by this act." Such a license can be obtained from the Director by a consumer for the fee of $1.00. See N.J.S.A. 54:40A-4h. Additionally, the Cigarette Tax Act requires every licensed consumer who has acquired cigarettes for use to complete and file, "on or before the twentieth day of the month following receipt of such cigarettes,... a report showing the amount of cigarettes so received. Said report shall be accompanied by a remittance for the full amount of the tax due." N. J. S.A. 54:40A-7.



Considering New Jersey's heritage as one of the 13 "founding father" states, this disgusting legislation should shame all New Jersey citizens. There is little doubt what the REAL men who signed off on the following words would have to say.

Quote:
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security

...nuff said
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