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Smoke and Mirrors: Seattle Sales Tax

This week, the NRA, the National Shooting Sports Foundation, the Second Amendment Foundation (SAF), firearms retailers, and private gun owners filed a lawsuit against the City of Seattle, alleging that its new firearms and ammunition sales tax ordinance is illegal and unenforceable.

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“Overdose and non-gun suicide hospitalizations each occurred at a rate more than five times that of those involving a gun; hospitalizations for ‘injuries due to accidents’ had a rate almost seventy-five times greater.  With stats like these, it’s clear that anti-gun sentiment is the only thing driving the new taxes, not any real desire to address public health concerns of city residents.”

Earlier this month, Seattle passed the Firearm Tax and Ammunition Tax ordinance which imposes a new $25 sales tax on the retail sales of firearms, plus a per-round sales tax of two to five cents on ammunition.  The ordinance is slated to go into effect on January 1, 2016. A failure to pay the tax is punishable by a fine of up to $5,000, imprisonment of up to 364 days, or both.

[See John R. Lott’s More Guns, Less Crime: Understanding Crime and Gun Control Laws, Third Edition (Studies in Law and Economics) at Amazon]

A city report describes this as a “gun violence tax” that is estimated to generate revenues of $300,000 to $500,000 per year. The report adds, “[e]very effort funded by the revenues of this tax that reduces the probability of gun violence from taking place will save lives and money… Efforts funded by the gun violence tax that mitigate the public health, welfare, and safety impacts of gun violence will benefit this population.”

“In 2011, the Court of Appeals of Washington looked no further than the ‘plain language’ of the preemption statute before concluding that Seattle’s attempt to regulate the possession of firearms was unlawful. The complaint in the new lawsuit refers to this decision and states the City of Seattle is ‘not permitted to pass laws that target the sale of firearms and ammunition through any means.’”

The report fails to disclose any clear relationship between expected new tax receipts and a reduction in violence of any kind. The report asserts only that efforts funded by the tax which “reduce[] the probability of gun violence from taking place” will benefit Seattle residents, without identifying the nature of the “research, prevention and youth education and employment programs” or how these programs will work to reduce the “probability” of gun violence. (The report does confirm, though, that the City will be able “to track how much revenue is raised each year and analyze the programs to which that revenue is dedicated.”)

A group of local public school teachers from nearby schools use rubber training guns as they practice proper firearms handling during a teachers-only firearms training class offered for free at the Veritas Training Academy in Sarasota, Florida January 11, 2013. The December 14 tragedy in Newtown, Connecticut, where 20 first-graders and six adults were killed at Sandy Hook Elementary School, has sparked a national debate about whether to arm teachers, prompting passionate arguments on both sides. REUTERS/Brian Blanco (UNITED STATES - Tags: SOCIETY POLITICS EDUCATION)

“Citizens testifying before the City Council meeting on the new tax included a recent victim of a violent felony who was ‘appalled’ that the City was enacting an illegal tax that would force law-abiding citizens to pay for the impact of gun violence committed by criminals.”

The ordinance itself cites a 2014 study funded by the City of Seattle which reported, among other things, King County hospitalization rates due to a firearm-related injury (“of any intent,” presumably including self-inflicted and accidental injuries in addition to persons who were injured as victims of crime), and hospitalizations for other reasons.

[Order Emily Miller’s book “Emily Gets Her Gun” from Amazon]

Hospitalizations due to overdoses, non-gun suicides, and non-gun assaults were far more prevalent than gun-related hospitalizations. Overdose and non-gun suicide hospitalizations each occurred at a rate more than five times that of those involving a gun; hospitalizations for “injuries due to accidents” had a rate almost seventy-five times greater.  With stats like these, it’s clear that anti-gun sentiment is the only thing driving the new taxes, not any real desire to address public health concerns of city residents. Read the rest of this entry »

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Democrat Deputy L.A. City Attorney Busted for Child Porn, Multiple Charges

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A deputy Los Angeles city attorney was arrested at his home on Thursday on multiple charges of child pornography, according to the Los Angeles Times.

LAPD spokeswoman and Officer Liliana Peciado told the Times that Christopher Richard Garcia, 57, was booked on suspicion of possessing and distributing child pornography. Garcia posted $40,000 bail shortly after the arrest, court records show.

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“Authorities executed a search warrant at Garcia’s house in November, where they found “some questionable images” after conducting a forensic search on one of Garcia’s computers.”

Garcia had apparently been under investigation since November, according to city attorney spokesman Rob Wilcox.

“When our office became aware of these allegations 10 months ago, Mr. Garcia was immediately placed on administrative leave, where he remains today,” Wilcox told the Times. “We cannot comment further on this ongoing criminal matter.” Read the rest of this entry »