What are the barriers to using gold and silver right now?
(I know there are some I'm just trying to pin down what they are).
I know there are:
1. Federal and state capital gains tax when you exchange gold or silver.
2. State sales taxes?
Yes, and add local taxes, including personal property taxes, if applicable, and also markups from the "sales" of hard specie, rather than a simple direct monetary exchange.
3. Legal tender laws? (I know each FRN is legal tender but what does this mean in practice?) Can a merchant accept gold and silver for payment? Is anyone "forced" to accept FRNs?
Legal tender (and related) laws create a number of barriers to entry, but that gets obfuscated with strawman framing, like "forced at gunpoint to accept FRN's", which is not at issue. Legal tender for all debts (private) means that if someone tenders/offers you FRN's in the payment of a debt, and you refuse payment in that form of currency, your debt can be declared discharged by the courts, given that "legal tender" was offered and refused. So it's not a question of "We will force you at gunpoint to take it". It's more a case of "Accept this paper, or consider yourself screwed."
On the taxes and other public debts side, there is a monopoly on FRN's as the only medium that is acceptable to federal, state and local governments required for payment of taxes (with the exception now of Utah, which is gearing up for U.S. minted gold and silver coin. So it is impossible to "opt out" of the Fed's monopoly, because at some point you will be on pain of loss of life, liberty and/or property, coerced into valuing something relative to fiat currency, as well as "buying" legal tender to use as payment of public debts.
On the capital gains question (and even, to a lesser degree, the progressive graduated income tax) the government plays deliberately stupid as it rides both sides of value/price question. Any increase in price (in FRN's), including income, automatically equates to an increase in value (as in the case of a capital "gain"), even though it may only reflect a
devaluation of the currency alone. The unwritten presumption is that the deliberately inflated currency is somehow a value constant of its own. Thus, a circulated silver dollar stuff in your mattress for 50 years is said to have
appreciated in value , which is utter bullshit -- as we pay no attention to the real culprit; namely, the value
depreciation of the Fed notes that "value" is reckoned by. That is a barrier to entry because, once again, it is punishing the holder of a currency or commodity that merely
maintained its value. So you get taxed twice -- once when the fiat currency you hold is inflated, and once again for holding a currency that has not been inflated.
4. I'm sure there would be all sorts of SEC problems with banks trying to set up accounts that held gold instead of dollars, same with debit and credit cards etc. I know Peter Schiff offers a gold debit card at his international EuroPacific Bank but not to Americans because of regulations.
Yep, and that mountain of bureaucratic red tape and attendant fees is an ENORMOUS barrier to entry.
Yes, actually, as if any one of those wasn't enough. Here's a whopper:
18 USC § 486 - Uttering coins of gold, silver or other metal
Whoever, except as authorized by law, makes or utters or passes, or attempts to utter or pass, any coins of gold or silver or other metal, or alloys of metals, intended for use as current money ... of original design, shall be fined under this title or imprisoned not more than five years, or both.
So go ahead design your own palladium or platinum coin (or even zinc or bronze or copper), of your own design, with the intent that it start circulating alongside Fed notes and compete as "current money" is subject to fines and/or imprisonment. A GARGANTUAN barrier to entry. Technically, any of the creators of "community" money circulating as coinage is in violation of this statute. But it would be unpopular to prosecute, so our government takes a very Chinese "one eye opened, one eye closed" approach, while throwing the book at the creators of the Liberty Dollar for "counterfeiting", even though there was no intent to defraud, but rather to give people a way out of fraud.