IRS to revoke gun rights and passports?

IRS to revoke gun rights and passports?

This is a discussion on IRS to revoke gun rights and passports? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Watchdogs say IRS to revoke gun rights and passports - National Conservative | Examiner.com April 23, 2012 Watchdogs say IRS to revoke gun rights and ...

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    IRS to revoke gun rights and passports?

    Watchdogs say IRS to revoke gun rights and passports - National Conservative | Examiner.com


    April 23, 2012
    Watchdogs say IRS to revoke gun rights and passports

    A new bill passed by the Democrat controlled Senate and now headed to the House would give the IRS broad new powers that watchdogs say include revoking gun rights and passports.

    The bill, S.1813, is a reauthorization of the federal highway aid, safety, and construction program. But Senate Majority Leader Harry Reid, D-NV, and Senator Barbara Boxer, D-CA, added a major provision to the bill regarding the IRS.

    The two Senators apparently want the IRS to have the power to revoke the gun rights of citizens and their right to travel if they owe more than $50,000 in back taxes.

    But the problem is that the IRS would not be required to prove that a citizen owes $50,000. All it would take is for the IRS to accuse a citizen of owing that amount.

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    If ever there was a federal agency in need of abolishing....
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    The assault on gun rights will not stop until we are all disarmed. We can never grow complacent, even when on a winning streak, as we have been since the AWB expired.
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    The Libs want to attach a gun rights bill to everything. Don't know how much longer we will have our guns, or many freedoms at all in the home of the brave.
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    What does owing money to the IRS have to do with gun rights?
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    I posted this based on the article on Welcome to Examiner.com | Examiner.com

    Anthony G. Martin is usually reliable.

    However, I searched the bill at the link he provided and at Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress)

    I saw the Passport language but not the firearms language.

    Please lock until someone finds what he is referring to re: firearms
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    The lack of due process is the concern. If people are okay with felons being denied gun rights, I'd assume they'd be okay with tax dodgers being denied too. And preventing tax dodgers from coming back into the country is probably a better punishment than preventing them from leaving!
    The only acceptable long-term outcome is to find a cure. It's an actual solution, requiring forward-thinking efforts.

    Until then, we're just arguing about who's pushing who.


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    I had heard the rumor about passports, and to be totally honest, here is my read:

    1) The IRS doesn't have the authority;
    2) The IRS does not have the man-power;
    3) The IRS has plenty of work to do anyway;
    4) The IRS has plenty of other weapons; and
    5) None of my bona fide daily tax matter updates have mentioned word one about this as serious, worthy of attention, that I have noticed

    Let's not worry about the IRS and Passports OT guns. Unlikely. The IRS does not have enough friends in Congress.

    OK, I may eat some crow............


    SEC. 40304. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN UNPAID TAXES.

    (a) In General- Subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

    `SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN TAX DELINQUENCIES.

    `(a) In General- If the Secretary receives certification by the Commissioner of Internal Revenue that any individual has a seriously delinquent tax debt in an amount in excess of $50,000, the Secretary shall transmit such certification to the Secretary of State for action with respect to denial, revocation, or limitation of a passport pursuant to section 4 of the Act entitled `An Act to regulate the issue and validity of passports, and for other purposes', approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the `Passport Act of 1926'.

    `(b) Seriously Delinquent Tax Debt- For purposes of this section, the term `seriously delinquent tax debt' means an outstanding debt under this title for which a notice of lien has been filed in public records pursuant to section 6323 or a notice of levy has been filed pursuant to section 6331, except that such term does not include--

    `(1) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or 7122, and

    `(2) a debt with respect to which collection is suspended because a collection due process hearing under section 6330, or relief under subsection (b), (c), or (f) of section 6015, is requested or pending.

    `(c) Adjustment for Inflation- In the case of a calendar year beginning after 2012, the dollar amount in subsection (a) shall be increased by an amount equal to--

    `(1) such dollar amount, multiplied by

    `(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2011' for `calendar year 1992' in subparagraph (B) thereof.

    If any amount as adjusted under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the next highest multiple of $1,000.'.

    (b) Clerical Amendment- The table of sections for subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

    `Sec. 7345. Revocation or denial of passport in case of certain tax delinquencies.'.

    (c) Authority for Information Sharing-

    (1) IN GENERAL- Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

    `(23) DISCLOSURE OF RETURN INFORMATION TO DEPARTMENT OF STATE FOR PURPOSES OF PASSPORT REVOCATION UNDER SECTION 7345-

    `(A) IN GENERAL- The Secretary shall, upon receiving a certification described in section 7345, disclose to the Secretary of State return information with respect to a taxpayer who has a seriously delinquent tax debt described in such section. Such return information shall be limited to--

    `(i) the taxpayer identity information with respect to such taxpayer, and

    `(ii) the amount of such seriously delinquent tax debt.

    `(B) RESTRICTION ON DISCLOSURE- Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of State for the purposes of, and to the extent necessary in, carrying out the requirements of section 4 of the Act entitled `An Act to regulate the issue and validity of passports, and for other purposes', approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the `Passport Act of 1926'.'.

    (2) CONFORMING AMENDMENT- Paragraph (4) of section 6103(p) of such Code is amended by striking `or (22)' each place it appears in subparagraph (F)(ii) and in the matter preceding subparagraph (A) and inserting `(22), or (23)'.

    (d) Revocation Authorization- The Act entitled `An Act to regulate the issue and validity of passports, and for other purposes', approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the `Passport Act of 1926', is amended by adding at the end the following:

    `SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT.

    `(a) Ineligibility-

    `(1) ISSUANCE- Except as provided under subsection (b), upon receiving a certification described in section 7345 of the Internal Revenue Code of 1986 from the Secretary of the Treasury, the Secretary of State may not issue a passport or passport card to any individual who has a seriously delinquent tax debt described in such section.

    `(2) REVOCATION- The Secretary of State shall revoke a passport or passport card previously issued to any individual described in subparagraph (A).

    `(b) Exceptions-

    `(1) EMERGENCY AND HUMANITARIAN SITUATIONS- Notwithstanding subsection (a), the Secretary of State may issue a passport or passport card, in emergency circumstances or for humanitarian reasons, to an individual described in subsection (a)(1).

    `(2) LIMITATION FOR RETURN TO UNITED STATES- Notwithstanding subsection (a)(2), the Secretary of State, before revocation, may--

    `(A) limit a previously issued passport or passport card only for return travel to the United States; or

    `(B) issue a limited passport or passport card that only permits return travel to the United States.'.

    (e) Effective Date- The amendments made by this section shall take effect on January 1, 2013.


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    Distinguished Member Array phreddy's Avatar
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    Quote Originally Posted by DaveH View Post
    I posted this based on the article on Welcome to Examiner.com | Examiner.com

    Anthony G. Martin is usually reliable.

    However, I searched the bill at the link he provided and at Bill Text - 112th Congress (2011-2012) - THOMAS (Library of Congress)

    I saw the Passport language but not the firearms language.


    Please lock until someone finds what he is referring to re: firearms
    The firearms language is in there. Section 34013 Special Permits, Approvals and Exclusions

    However, I have not read enough to understand the significance. I believe it pertains to some type of permitting under the highway bill. It does exclude transportation of firearms for personal use and commerce from regulation of this bill.
    Last edited by phreddy; April 24th, 2012 at 04:42 PM. Reason: typos

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    but wait, I thought the UN and black helicopters were going to take our guns first
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    Distinguished Member Array Elk Hunter's Avatar
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    So as long as I pay my taxes I have nothing to worry about
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    This is an interesting issue, as on the surface it looks like a fairly serious violation of the right to travel.
    I'd always thought that a US citizen could not be prevented from returning and was free to leave; except when
    out on bond.

    I think our courts have in the past not even allowed the revocation of passports for serious violations of
    travel bans to Cuba, for example. So, I'm surprised that they permit this, if they do.

    "SEC. 40304. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN UNPAID TAXES.
    (a) In General- Subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:"

    Note the date--1986 so you know who to blame if you don't like it. And note too that it is not new.
    And note too that it would be quite unlikely to affect ordinary people, not that that makes it right.

    There is something slimy about this IMO.
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    Quote Originally Posted by Elk Hunter View Post
    So as long as I pay my taxes I have nothing to worry about
    Nope - you're not off the hook. That's what worries me about this stuff. Gov't agencies are moving in a direction where the penalty applies the moment you are accused. The burden is then on you to prove innocence, but until then - the penalty still applies.

    'Spoken from experience.
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    "if they owe more than $50,000 in back taxes."

    Yes...but, wouldn't that prevent many members of Congress from traveling?

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    Quote Originally Posted by QKShooter View Post
    "if they owe more than $50,000 in back taxes."

    Yes...but, wouldn't that prevent many members of Congress from traveling?
    I'd laugh if it didn't hurt so much...

    In all seriousness, it would never affect members of Congress, because this is an example of the type of law that anyone can be accused of violating. Heck, the U.S. Treasury Secretary was already found guilty of this and was given the job anyway. Once they have a 'gotcha' law like this, it's just a matter of applying it to those they chose to, knowing that everyone else will keep their mouth shut and look the other way.
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