Seattle Gun Tax Fails to Generate Projected Revenue, Succeeds in Burdening Rights

On March 16, 2017, the Seattle Times reported that Seattle city officials were reluctant to release data on the revenue generated by the city’s firearms and ammunition tax, citing taxpayer confidentiality concerns. Less than a week later, we now know the more likely reason that Seattle failed to disclose this tax revenue; because the money raised fell woefully short of the figure projected by supporters of the tax.

In July 2015, Seattle City Council President Tim Burgess proposed legislation he dubbed a “Gun Violence Tax,” contending that “It’s time for the gun industry to help defray” the cost of criminal violence perpetrated with guns. Burgess’s proposal was unanimously passed by the city council on August 10, 2015. The legislation imposed a $25 tax on firearm sales, a $.02 per round tax on .22 and smaller caliber ammunition, and a $.05 per round tax on ammunition greater than .22 caliber. The revenue was intended to be used to fund anti-gun research at the Harborview Medical Center.

On August 24, 2015, NRA, the National Shooting Sports Foundation, and the Second Amendment Foundation filed suit in King County Superior Court to prevent the city from enforcing the new tax. NRA’s complaint pointed out that the tax violates the Second Amendment and is also impermissible under Washington law. 

The U.S. Supreme Court has made clear that governments are not permitted to attack constitutionally-protected conduct through taxation. In the First Amendment context, the Court struck down a Minnesota use tax on ink and paper used in publishing. In that case – Minneapolis Star Tribune Co. v. Minnesota Commissioner of Revenue – the Court warned that “A power to tax differentially, as opposed to a power to tax generally, gives a government a powerful weapon against the taxpayer selected.”

Washington’s firearms preemption statute also bars Seattle’s tax. Section 9.41.290 of the Revised Code of Washington states,

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.

and,

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.

Washington law does provide a small number of specific exemptions to the state firearm preemption statute, but these concern local zoning in relating to firearms dealers, carry in certain municipal buildings, and the discharge of firearms.

Despite the plain language of Washington’s preemption statute, in December 2015 King County Superior Court Judge Palmer Robinson upheld Seattle’s tax. NRA and our allies have appealed the court’s decision, and the case now sits with the Washington State Supreme Court.

In advocating for the tax, Burgess and other supporters of the legislation repeatedly cited figures from the City Budget Office that claimed the tax would raise between $300,000 and $500,000 a year. In an email to the Times this week, Burgess confessed, “During its first year, the firearms and ammunition tax payments received by the City were less than $200,000.” It is not clear how much less than $200,000 the city collected.

According to the Times, to come up with the outlandish $300,000-$500,000 figure, the City Budget Office “obtained the annual number of background checks for gun sales in Washington. Then they looked up what percentage of Washington’s licensed gun dealers were in Seattle and used that to guess the number of firearms sales in the city.” In addition to the fact that its analysis was too rudimentary to offer an accurate estimate of gun sales in Seattle, the budget office appears to have made no attempt to predict the impact the significant tax would have on the behavior of gun dealers and buyers.

Making this projection appear even more ridiculous is that the 2016 tax shortfall occurred in a year that witnessed record gun sales nationally and in the Evergreen State. In 2016, there were 713,996 NICS background checks conducted in Washington, whereas the 2015 total was 502,280. Washingtonians were buying plenty of guns in 2016, but as many predicted when the tax was proposed, not in Seattle. Read the rest of this entry »


[VIDEO] Cheers! Over 100 Million Guns Sold in US Since Obama Became President 

Kevin Lamarque/Reuters

William La Jeunesse reported today on FOX News that 100 million guns have been sold in the US since Obama became president. Today’s increase in sales is nationwide not just in California. La Jeunesse said:

“Americans are not just putting them in their closet and waiting for a burglary. They’re taking classes on how to protect themselves. Background checks on Black Friday topped 185,000 that’s 8,000 guns sold every hour. 2,000,000 in November and and almost 20 million this year.”

Source: The Gateway Pundit

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September Sees Record Gun Sales

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 reports: The Federal Bureau of Investigation processed a record number of background checks in the month of September, indicating that gun sales were at an all time high for the month.

“If they really want less guns in private hands they should consider what happens every time they open their mouths.”

The FBI’s National Instant Background Check System processed 1,795,102 applications to buy a firearm in September. That represents a new record: 335,739 more checks than the previous September high set in 2012, or a 23 percent increase.

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“We are seeing new record highs in gun sales due to the increased anti-gun rhetoric from Democratic candidates like Hillary Clinton. Their push for new restrictions on gun ownership is fueling gun sales.”

— Alan Gottlieb, Founder of the Second Amendment Foundation

The number of checks done in a particular month is considered a reliable gauge of how many gun sales have occurred since background checks are required on all sales made through licensed firearms dealers. The actual number of sales is likely higher since multiple firearms can be sold to the same person by a dealer under a single background check. The numbers also do not account for sales between private parties that do not require a background check. Read the rest of this entry »