Seattle gun tax is valid, high court says

Now here’s a progressive way to get rid of guns. Put a $100,000 tax on each one. They are still legal under the 2nd Amendment, but no one can afford them. 

Seattle can continue to levy a special tax on the sale of guns and ammunition because the state law that bars cities from imposing special regulations on firearms doesn’t apply to taxes, the Washington state Supreme Court said Thursday.

In an 8-1 decision, the court rejected a challenge of the tax approved by the Seattle City Council in 2015 that places a flat tax of $25 on firearms sold in the city, and a tax ranging from 2 cents to 5 cents on each round of ammunition, depending on its size.

It’s projected to raise as much as $500,000 per year, to be used for gun safety programs and public health research on gun violence.

A pair of city residents was joined by several gun-rights organizations in challenging the city ordinance, arguing that it flouts a state law that says cities can’t impose separate regulations on firearms. A group of legislators filed a “friend of the court” brief, also arguing against the tax.

The tax doesn’t limit or restrict the right to own, use, sell or buy a gun, attorneys for Seattle argued. Rather, they said, it’s a way to raise money to benefit city residents through a tax the city has the authority to levy. The state attorney general’s office filed a brief agreeing with the city.

Courts should be dubious of regulations that masquerade as taxes or taxes masquerading as regulations, but there’s no convincing evidence that’s happening in this instance, the majority opinion written by Justice Debra Stephens said. The argument that stores have to keep sales records didn’t make it a regulation.

“It is a tax,” and cities like Seattle have broad taxing authority, she said.

Right-Mind