Multi-State Bar Exam Practice Question

Concerned over the growing number of murders, robberies, and other violent crimes being committed with guns, Congress enacted the Federal Firearm Control Act, which, inter alia, levied a tax of 5% of the sales price on every long weapon (rifle or shotgun) sold in the Unite States. The proceeds of the tax were earmarked for use by the Law Enforcement Assistance Administration. The Act provided for exceptions from its terms for police departments and the military. Ron, a shotgun collector and member of Americans for Freedom, a national gun owners' association, brings suit in federal district court seeking a declaration that the 5% tax on long weapons is unconsitutional.

How will the court likely rule?

(A) The tax is unconstitutional, because it infringes on the constitutional right of every citizen to bear arms.

(B) The tax is unconstitutional, because its effect is not limited to long weapons sold in interstate commerce, and thus will be applied to weapons sold entirely intrastate.

(C) The tax is constitutional as an exercise of the federal power to raise revenue.

(D) The tax is constitutional, pursuant to the Supremacy Clause of the federal Constitution.

I'm sure you can guess which answer I wanted to choose. I would be wrong, but venture a guess as to the correct answer.