For this thread I will continue my debate with officer eternally-grateful, as he still has yet to respond as to how he would handle me at a traffic stop. Now let's look at the law in NY that he upholds and see how this so called law applies to you. I will not quote the whole statute but will post the link to it.
N.Y. TAX. LAW § 1814 : NY Code - Section 1814: Cigarette and tobacco products tax
What is the definition of "person" under their laws?
- See more at: N.Y. GCN. LAW § 37 : NY Code - Section 37: Person
Expressio Unius Est Exclusio Alterius Legal Definition:
Latin: the expression of one thing is the exclusion of the other.
In Rodaro, Justice, at ¶856, defined the Latin maxim expressio unius est exclusio alterius as follows:
"... a maxim of interpretation meaning that the expression of one thing is the exclusion of the other. When certain persons or things are specified in a law, contract or will, an intention to exclude all others from its operation may be inferred. In this case, the reference to the assignment to a financial institution excludes assignment to any other entity."
Expressio Unius Est Exclusio Alterius Legal Definition
In the "law's" version of what a "person" is, what is missing from it? YOU AND I! Who holds jurisdiction over the "person?"
Amendment 14 of your constitution states:
http://www.franklincountypa.gov/da/Documents/US Constitution.pdf
a) Any person who willfully attempts in any manner to evade or defeat the taxes imposed by article twenty of this chapter or payment thereof on (i) ten thousand cigarettes or more (ii) twenty-two thousand cigars or more, or (iii) four hundred forty pounds of tobacco or more or has previously been convicted two or more times of a violation of paragraph one of this subdivision shall be guilty of a class E felony. (b) Any person, other than an agent licensed by the commissioner, who possesses or transports for the purpose of sale any unstamped or unlawfully stamped packages of cigarettes subject to tax imposed by section four hundred seventy-one of this chapter, or who sells or offers for sale unstamped or unlawfully stamped packages of cigarettes in violation of the provisions of article twenty of this chapter shall be guilty of a misdemeanor. Any person who violates the provisions of this subdivision after having previously been convicted of a violation of this subdivision within the preceding five years shall be guilty of a class E felony. (c) (1) Any person, other than an agent licensed by the commissioner, who willfully possesses or transports for the purpose of sale ten thousand or more cigarettes subject to the tax imposed by section four hundred seventy-one of this chapter in any unstamped or unlawfully stamped packages or who willfully sells or offers for sale ten thousand or more cigarettes in any unstamped or unlawfully stamped packages in violation of article twenty of this chapter shall be guilty of a class E felony. - See more at:
What is the definition of "person" under their laws?
The term person includes a corporation and a joint-stock association. When used to designate a party whose property may be the subject of any offense, the term person also includes the state, or any other state, government or country which may lawfully own property in the state.
Expressio Unius Est Exclusio Alterius Legal Definition:
Latin: the expression of one thing is the exclusion of the other.
In Rodaro, Justice, at ¶856, defined the Latin maxim expressio unius est exclusio alterius as follows:
"... a maxim of interpretation meaning that the expression of one thing is the exclusion of the other. When certain persons or things are specified in a law, contract or will, an intention to exclude all others from its operation may be inferred. In this case, the reference to the assignment to a financial institution excludes assignment to any other entity."
Expressio Unius Est Exclusio Alterius Legal Definition
In the "law's" version of what a "person" is, what is missing from it? YOU AND I! Who holds jurisdiction over the "person?"
Amendment 14 of your constitution states:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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