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"Imposing fees on the exercise of constitutional rights is permissible when the fees are designed to defray (and do not exceed) the administrative costs of regulating the protected activity," the appeals court said.
The 2nd U.S. Circuit Court of Appeals in Manhattan said the $340 handgun fee for a three-year license was legal for the same reasons that fees imposed on those seeking to stage a rally or a parade are constitutional.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence[note 1] and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;