Judge rules Seattle's "Gun Violence Tax" can stand

[Drang]

And, of course, SAF VOWS APPEAL IN CASE AGAINST SEATTLE GUN TAX | Second Amendment Foundation

BELLEVUE, WA – The Second Amendment Foundation promised an immediate appeal in its challenge to the City of Seattle’s special tax on firearms and ammunition sales following a judge’s ruling that the tax is legal, despite what appears to be a clear conflict with Washington’s 32-year-old preemption statute.

SAF was joined in the lawsuit by the National Rifle Association, National Shooting Sports Foundation, two local gun stores and two private citizens. They are fighting the city’s so-called “gun violence tax” of $25 per firearm and five cents per cartridge, which their attorneys contend is a violation of state law that puts sole authority over firearm regulation in the hands of the State Legislature.

“We are disappointed and strongly disagree with Judge Palmer Robinson’s ruling, and we are confident that the State Court of Appeals will ultimately concur with our position,” said SAF founder and Executive Vice President Alan Gottlieb. “SAF and NRA are very familiar with the state preemption statute because we teamed up once before against Seattle and beat the city soundly four years ago.

SAF and its partners filed suit this past summer after the city hastily adopted the gun tax. Under specific language in the state’s preemption statute, all firearms regulation – including “registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components” – falls entirely under the legislature’s authority. “Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality,” the statute says.

“This tax is a violation not only of state preemption but also the state tax laws,” he added. “It is unconscionable for Mayor Ed Murray and the City Council to codify what amounts to social bigotry against firearms retailers and their customers, and we are going to fight this vigorously in defense of a state preemption law that has served Washington citizens well for more than three decades.”

I hadn't thought there were any gun stores left in Seattle, but apparently one crept in while I was avoiding that socialist hell-hole: Seattle gun shop will move; is that what city is really after? | Examiner.com

[Clusterfrack]

Ugh. That's bad news.

[5pins]

The judge is flat out wrong. Washing state preemption law is very clear and Seattle’s ordinance is in clear violation

RCW 9.41.290

State preemption.
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

[Edwin]

And, of course, SAF VOWS APPEAL IN CASE AGAINST SEATTLE GUN TAX | Second Amendment Foundation



I hadn't thought there were any gun stores left in Seattle, but apparently one crept in while I was avoiding that socialist hell-hole: Seattle gun shop will move; is that what city is really after? | Examiner.com

I think that's why I don't think this is that big of a deal. This affects so little people because so few own guns in the city, there's so few stores (only one good one) and since most people here buy their ammo when they go to the range, it's all on the Eastside anyways.

[okie john]

https://www.yahoo.com/news/m/c5279f6...defending.html

By Stephen Gutowski Published August 02, 2017 Washington Free Beacon
Seattle spent more defending gun-tax lawsuit than it collected in revenue from tax, gun group claims

The city of Seattle spent more to defend a lawsuit against its gun tax than it gathered in revenue from the tax, a gun-rights group claimed on Friday.

King County Superior Court Judge Lori K. Smith ruled in favor of the Second Amendment Foundation (SAF) on Friday in a Public Records Act suit over Seattle's refusal to disclose the exact amount of revenue collected through their "gun violence tax." The gun-rights group filed suit after the city refused to fulfill a public record request from Dave Workman, editor of SAF-owned TheGunMag.com. The group said the real revenue numbers revealed in court documents appear to fall short of the city's projections.

"We are delighted with the outcome of this case," Alan Gottlieb, SAF founder and publisher of TheGunMag.com, said. "It was silly for Seattle to withhold this information, but we're pretty certain why the city did it. The council was told that this tax could generate between $300,000 and a half-million dollars, but now it appears the city has collected just over $100,000, which is an embarrassing shortfall."

The tax, which works out to $25 per firearm and 2 or 5 cents per round of ammunition, has thus far generated no more than $108,013.04, according to court documents. During the discovery portion of the suit, Seattle's lawyers revealed that a single gun seller accounted for more than 80 percent of the gun-tax revenue. Michael Coombs, co-owner of Outdoor Emporium, said in a separate court filing that he is that gun seller and his tax payments revealed the city's highest possible revenue.

Looks like it was the boondoggle we all expected it to be.


Okie John

[shane45]

I think that's why I don't think this is that big of a deal. This affects so little people because so few own guns in the city, there's so few stores (only one good one) and since most people here buy their ammo when they go to the range, it's all on the Eastside anyways.

It matters little how many are affected. It becomes a beachhead that emboldens the anti 2nd faction to continue to reach higher and higher until eventually they will hit on something that does impact the many. By then they have momentum and become effective at striping you of your Incorporated 2nd amendment rights!!!!!

[Peally]

I'd say it's one less place I'll ever visit but Seattle made that list a long time ago.

[Chance]

I think that's why I don't think this is that big of a deal. This affects so little people because so few own guns in the city, there's so few stores (only one good one) and since most people here buy their ammo when they go to the range, it's all on the Eastside anyways.

The problem is that it could end up setting a legal precedent that creeps beyond the Granola Curtain. If the tax withstands legal challenges, you can be sure you'll see other liberal utopias following the trend.

[Totem Polar]

I was just in Seattle for 5 days. It's still a beautiful city, but man alive, is it ever an over-priced, overpopulated and over-regulated hell hole compared with even 15 years ago. Powers that be will ride that shit into the ground. Job one for eveyone else is containment, at this point. JMO.

[TAZ]

I think the tax is retarded, but I'm not seeing how it's illegal under the pre-emotion law quoted. They didn't restrict or deny the sale of a firearm. They just added a tax to it. Obviously I am missing something.