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Important Information-PACT Act of 2009

US Politics & Gov't  (tags: Native Americans, Tobacco, Freedoms, USPS, USA, Senate, Legislation, Laws, Constitutional Rights, Freedom of Choice, Recession )

- 3542 days ago -
Native American tobacco growers, sellers, and shippers need your help to prevent the Senate from passing The PACT Act of 2009, S.1147; which will make shipping tobacco products for personal use illegal in the United States.


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Jackie W (31)
Wednesday June 10, 2009, 10:00 pm
I am including a generic letter below; which you may address and send to your State Senators.

Attn: Senator ____________________
Subject: PACT Act of 2009, S. 1147

Dear Senator _________________,

Please do not endorse and/or pass the PACT Act of 2009, S. 1147.

Native American cigarette and tobacco sellers rely on the United States Postal Service to provide their customers these legal and non-hazardous shipping products. Many American citizens have chosen to purchase Native American grown tobacco products vs. highly processed and commercialized name brands tobacco products. Many of the preferred Native American tobacco products are not available thru local tobacco products retailers’ stores. If the PACT Act of 2009, S. 1147 is passed, this will severely hurt our Native American producers and sellers of Native American tobacco products. The PACT Act will also prohibit American citizens from having the freedom of choice in regards to personal purchases of Native American tobacco products. Please do not help sponsor a new “Trail of Tears” for North American Native American tobacco growers, wholesalers, retail sellers, and/or shippers.

When the PACT Act of 2003, S. 1177 passed the Senate, the Congressional Budget Office prepared a cost estimate for the bill. Over a 4 year span, from 2004 to 2008, enforcement of the PACT Act of 2003 was estimated to cost over $140 million dollars. When Americans choose to purchase and/or use tobacco products, Americans should have the freedom of choice to choose who they purchase tobacco products from, what brand(s) and kind(s) of tobacco products they purchase, and where they purchase these products. As an American citizen, I want to continue to have the freedom of choice to be able to purchase tobacco products from legitimate Native American sellers.

Passage of the PACT Act of 2009, S. 1147, will cause a huge loss of income for the United States Postal Service. Please do not endorse or pass the PACT Act of 2009, S.1147; which will further stress the current USPS financial difficulties.
Native American tobacco growers, wholesalers, retail sellers, shippers, and consumers do not need the unnecessary financial duress the PACT Act of 2009, S.1147 will create.

Your vote against the PACT Act of 2009, S. 1147 will be immensely appreciated.
Also, please encourage your fellow members of the Senate to vote against passing The PACT Act of 2009, S. 1147.



Linda Lipson (0)
Tuesday June 23, 2009, 4:49 pm
An observation about the issue of taxes and the suggestion that consumers who purchase tobacco products by mail are avoiding paying taxes. That would then have to apply to much more than just tobacco products. Mail order is a huge business and, depending upon in which state you reside and from which state the seller is conducting business, those purchases are not taxed, whereas they would be had the purchases been made from local retailers. How can you prohibit the mailing of one type of product without prohibiting all mail order?

Jackie W (31)
Wednesday July 1, 2009, 12:16 pm
This morning I received an email from Craig Chiavetta with Internet Smokes (Big Buffalo). The U.S. Senate did not pass the portion of the PACT Act of 2009 related to tobacco products. :-) I am including the text from Mr. Chiavetta's email below:

Dear Valued Customers and Friends,

The part of the bill that affected us did NOT pass.
For now, it is business as usual.
Thank you all for your efforts. They worked!

Craig Chiavetta
Internet Smokes/TCL Enterprises/Big Buffalo
On behalf on the Native American Shippers

P.S. Happy 4th!


Allen Mcwongahey (0)
Wednesday July 1, 2009, 3:02 pm
Are we sure the PACT Act of 2009 did NOT pass??

I cannot seem to find any official news on it. '' has still not updated anything from before which shows approved by House and no action taken by Senate.

I've searched everywhere and cannot find anything OFFICIAL on this.


Jeanne Devey (14)
Saturday July 4, 2009, 11:01 am
It's just another way to take our "rights" away and freedom. When are they going to start taxing booze?? Everyone that I know likes to drink ( I don't) but these same people don't smole, are against smoking and mative american rights etc... but they drink themselves into oblivion!! Why aren't they not taxed to death?? Does the government have to control everything?? The Native Americans never get a break with anything!! How many treaties have been broken?? This is part of our living. Leave us alone alwready. Let these people LONE ALREADY!!
Jeanne D.

Allen Mcwongahey (0)
Saturday July 4, 2009, 11:38 am
I have a feeling that if this ACT were to pass and this were to be challenged in the US Supreme Court, the ACT would be overturned because it is unconstitutional.

When it comes to taxes on cigarettes I don't understand how the states get away with some of the stuff already. I mean it's one thing when they levy a cigarette tax to cover something related to health care - it is hard for us to cry foul. But in many instances they have used cigarette tax to pay for completely UNRELATED programs that there is no possible way to link to smoking!! That MUST be unconstitutional!


Jesse S (22)
Saturday July 4, 2009, 1:07 pm
I have a question about this bill. Regarding this provision:

‘(c)(1) Any officer of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may, during normal business hours, enter the premises of any person described in subsection (a) or (b) for the purposes of inspecting--

‘(A) any records or information required to be maintained by the person under this chapter; or

‘(B) any cigarettes or smokeless tobacco kept or stored by the person at the premises.

‘(2) The district courts of the United States shall have the authority in a civil action under this subsection to compel inspections authorized by paragraph(1).

‘(3) Whoever denies access to an officer under paragraph (1), or who fails to comply with an order issued under paragraph (2), shall be subject to a civil penalty in an amount not to exceed $10,000.’.

Does this mean that any ATF officer could search the premises of any person under this bill without a warrant and without probable cause?

Jesse S (22)
Saturday July 4, 2009, 1:40 pm
Allen: I don't see how that would be unconstitutional; my concern is with the ability of the ATF to search one's premises for evidence of illegal activity.

Allen Mcwongahey (0)
Saturday July 4, 2009, 1:56 pm
Hi, I don't know the answer to your question. But my opinion would be that if they think they can search any premises without legal cause and without a warrant signed by a judge, that would be in violation of the constitution.

As far as the other point I made about being unconstitutional. I was referring to something else. Say for example a state raised cigarette tax to pay for a public park and this kind of thing HAS happened. How could this possibly not be a violation of rights? They certainly cannot logically argue that smokers are responsible for a public park any more than anyone else. In that situation they are picking a dis-favored group and levying tax against ONLY them and no one else and all to pay for something which has nothing to do with smoking in the first place.

I find it hard to believe that would stand up in court because the state would have no legal justification.


Jesse S (22)
Saturday July 4, 2009, 6:09 pm
Well, it might be bad public policy, but I still don't see what amendments to the Constitution it would violate.

Christopher D (6)
Monday August 24, 2009, 4:08 pm
i have created a petition here using the letter posted above at this address:

Carole Ness-Lira (0)
Wednesday September 15, 2010, 2:57 pm
We want to stop the action on the Pact act. This is unconstitutional and discriminiation. The Native americans
have the right to sell their products and we have a right to buy them if we so wish to do., The people in
Washington want to control us in any way they see fit, we do not need to be Government Controlled.
This is America, known as the land of the Free. But with Government controlling us with the Pact Act
that we can't receive cigarettes thru the mail is like DICTATORSHIP....IT MUST STOP NOW AND STOP THIS
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