Seattle’s “gun and ammunition tax” is being challenged by three firearms organizations and arguments before the State Court of Appeals have been scheduled for Sept. 28. (Dave Workman photo)
By Dave Workman
Senior Editor
The long-awaited appeals court challenge to the City of Seattle’s so-called “gun violence tax” on the sale of firearms and ammunition will be heard by a three-judge panel of the Washington State Court of Appeals, Division One, on Wednesday, Sept. 28, TGM has learned.
The lawsuit was filed in 2015 by the Second Amendment Foundation (SAF), National Rifle Association (NRA) and National Shooting Sports Foundation (NSSF). It is the first time in history all three organizations have teamed up on a single legal action.
SAF owns TheGunMag.com, and founder Alan Gottlieb is publisher.
Seattle won the first round at trial in King County Superior Court in December 2015. The plaintiffs quickly advised the court that they would appeal. In addition to the three gun rights organizations, two Seattle gun shops also joined the lawsuit. One of those operations, Precision Shooter, has moved its operations out of the city.
The gun tax is modeled after a similar tax passed in Cook County, Illinois three years ago. That tax was adopted ostensibly to reduce “gun violence.” But considering the current number of murders in Chicago, that tax has been a failure, say critics. As reported by the Chicago Tribune on Aug. 22: “So far this year, more than 2,700 people have been shot in Chicago, according to data kept by the Tribune. All of last year there were 2,988 shooting victims. The number of homicides through this year’s first eight months is around 460, nearly 30 killings shy of the total for all of 2015.”
At issue is the city’s authority to charge such a “tax” under the state’s 34-year-old model preemption law. Here’s what that statute says:
“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.”
This is not the first go-round with Seattle for SAF and NRA. Seven years ago, both organizations teamed up to beat back the city’s attempt to ban firearms in city park facilities. That case was won at the trial court and appeals court levels, and the state Supreme Court declined to review.
Some critics of the gun tax see it not as a way to collect revenue but as a gun control scheme aimed at making gun owners pay for the cost of crimes they didn’t commit, and ultimately to drive gun sales out of Seattle. It is also seen as another attempt to erode state preemption.
Washington’s preemption statute dates back more than 30 years and was used as a model for similar laws in other states. If gun control proponents can chip away at Washington’s law, similar actions might follow in other states.
TGM has filed a Public Records Act request with the city to find out how much revenue the tax produced during the first quarter of the year. The city has declined to release that information, citing privacy rights of the small number of businesses that would pay the tax.
When the tax was adopted, it was championed by City Council President Tim Burgess. At the time, he predicted the tax could bring in between $300,000 and $500,000, which would be used to fund educational and prevention efforts. However, with one gun shop now gone from the city, there are suspicions that the revenue forecast was way off base.
