Cigarettes seized from delivery truck

[wivb]

Thousands of cartons of cigarettes have been seized from a truck that was making deliveries between Seneca Indian Nation reservations in western New York.



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[wivb]

Statement by President Barry E. Snyder, Sr. on cigarette seizure



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[anyones neighbor]

This is ridiculous. What did they do, sit and watch that truck leave it's warehouse & stop it after it left? NY state needs to BACK OFF.

[Bioguy231]

I'm curious. If the Senecas decided to legalize marijuana growth, sale and use on their reservation, are there any state or federal laws that would stand in their way? They could probably make a small fortune off opening Pot Bars and Nightclubs.

[sharky]

so the Senecas can't even transport between the reservations?
I could see the cigs being seized if they were being delivered to a non Seneca retailer but these were going from one reservation to another

guess they better build some airstrips

[nogods]

Senecas will win this case and we will pay. The NYS tax department Nazis who did this should be fired.

[FMD]

unfortunately, this will ultimately end in violence

[a citizen]

Bottom line... the indians lost the war. Let them take over some other country and sell there cigs.

[nogods]

Bottom line... the indians lost the war. Let them take over some other country and sell there cigs.

Yes, they lost - but federal law rules. NYS can "force" the Indians to collect the tax from non-Indian purchasers so long as the state complies with the procedures required to do so by the court decisions.

The state has not done that necessary compliance, and instead is just flexing its temporary muscle. In the end, the courts will rule against the state and award damages and costs to the Indians.

Some idiots at the NYS tax department who watch too many cop shows on TV will end up costing all of us taxpayers money. screw them. they should be fired and denied all state pension rights for their idiotic actions.

[dtwarren]

Yes, they lost - but federal law rules. NYS can "force" the Indians to collect the tax from non-Indian purchasers so long as the state complies with the procedures required to do so by the court decisions.

The state has not done that necessary compliance, and instead is just flexing its temporary muscle. In the end, the courts will rule against the state and award damages and costs to the Indians.

Some idiots at the NYS tax department who watch too many cop shows on TV will end up costing all of us taxpayers money. screw them. they should be fired and denied all state pension rights for their idiotic actions.

Actually, no. The state has now complied by implementing the necessary regulations Justice Sconiers and the Fourth Department referred to in their rulings in Day Wholesale v. Spitzer, et al.

[dtwarren]

unfortunately, this will ultimately end in violence

25 U.S.C. Section 72:

Whenever the tribal organization of any Indian tribe is in actual
hostility to the United States, the President is authorized, by
proclamation, to declare all treaties with such tribe abrogated by
such tribe if in his opinion the same can be done consistently with
good faith and legal and national obligations.

[anyones neighbor]

so the Senecas can't even transport between the reservations?
I could see the cigs being seized if they were being delivered to a non Seneca retailer but these were going from one reservation to another

guess they better build some airstrips

I wondered about that as well. It's been done for years so why all of a sudden can they not do it. Gotta ask my source about it!
Here's one treaty that I know of that might contain something.
http://www.oswego.edu/library2/archi...guatreaty.html

[anyones neighbor]

There are many shops closed already because of the PACT act. Not sure what happens now.

[dtwarren]

I wondered about that as well. It's been done for years so why all of a sudden can they not do it. Gotta ask my source about it!
Here's one treaty that I know of that might contain something.
http://www.oswego.edu/library2/archi...guatreaty.html

It has been allowed for years due to the State' policy of non-enforcement which has now been changed to a policy of enforcement.

[dtwarren]

There are many shops closed already because of the PACT act. Not sure what happens now.

The seizure of these cigarettes has nothing to do with the PACT Act, but rather New York Tax Law. It is illegal to possess, transport or sell untaxed cigarettes over a certain amount.