Seattle can charge a tax on firearms and ammo

[MillCreek]

https://www.courts.wa.gov/opinions/pdf/937231.pdf

City of Seattle gun tax upheld.

[Ben]

New target for NK nukes.

[T.O.M.]

Simple answer...don't buy guns or ammo within city limits.  I'm sure that there are plenty of enterprising LGS owners just outside of city limits that would love to sell guns and ammo.  And, if you are an LGS within city limits, move out.

[RevDisk]

Simple answer...don't buy guns or ammo within city limits.  I'm sure that there are plenty of enterprising LGS owners just outside of city limits that would love to sell guns and ammo.  And, if you are an LGS within city limits, move out.

That's the point. To use tax to prohibit legal behavior, hoping to bypass Constitutional protection. The preferred means of enacting gun control is not to outright ban firearms. The goal is to raise the cost so that only the well connected or wealthy can afford them.

Taxing the exercise of a right is theoretically more legally unprotected. Poll taxes were struck down. But FAET has not been.

[Hawkmoon]

That's the point. To use tax to prohibit legal behavior, hoping to bypass Constitutional protection. The preferred means of enacting gun control is not to outright ban firearms. The goal is to raise the cost so that only the well connected or wealthy can afford them.

Taxing the exercise of a right is theoretically more legally unprotected. Poll taxes were struck down. But FAET has not been.

Exactly. Not really any different from Chicago, except this is masquerading as a tax rather than as a zoning regulation.

Does the tax apply to reloading components? I could see some enterprising person opening a chain of storefront loading stores, along the same model as cyber cafes. Loading benches all set up, components available for sale, rent the use of a press by the hour and make as much ammo as you want. No tax, because the shop isn't selling "ammunition."

[Perd Hapley]

Exactly. Not really any different from Chicago, except this is masquerading as a tax rather than as a zoning regulation.

Does the tax apply to reloading components? I could see some enterprising person opening a chain of storefront loading stores, along the same model as cyber cafes. Loading benches all set up, components available for sale, rent the use of a press by the hour and make as much ammo as you want. No tax, because the shop isn't selling "ammunition."

I don't see proprietors or customers going for that. Wouldn't it just be a lot easier to do one's buying or selling out of town?

[MillCreek]

I think there may be only two sellers of firearms and/or ammunition left within the Seattle city limits.  The rest of them either moved or stopped selling firearms and/or ammunition.

[Ben]

That's the point. To use tax to prohibit legal behavior, hoping to bypass Constitutional protection. The preferred means of enacting gun control is not to outright ban firearms. The goal is to raise the cost so that only the well connected or wealthy can afford them.

Taxing the exercise of a right is theoretically more legally unprotected. Poll taxes were struck down. But FAET has not been.

Yup. And in this case, the next thing could be a county tax (though, paging Millcreek, I'm not sure what the county poklitical bent is versus the city). I certainly expect something like that for the San Francisco region. Slowly push them out. While people might easily be able to drive just outside the city limits, driving outside the county becomes more difficult for many.

A similar situation exists in CA with the upcoming ammo registration. Not that many people will drive outside the state to purchase (which would be illegal anyway), so they'll either pay the extra fees and do the background checks, or they'll give up shooting. Either one works for the state commies in office.

I've got to get to Idaho before they ban Californians there.

[MechAg94]

Yup. And in this case, the next thing could be a county tax (though, paging Millcreek, I'm not sure what the county poklitical bent is versus the city). I certainly expect something like that for the San Francisco region. Slowly push them out. While people might easily be able to drive just outside the city limits, driving outside the county becomes more difficult for many.

A similar situation exists in CA with the upcoming ammo registration. Not that many people will drive outside the state to purchase (which would be illegal anyway), so they'll either pay the extra fees and do the background checks, or they'll give up shooting. Either one works for the state commies in office.

I've got to get to Idaho before they ban Californians there.

The Idaho border wall? 

Are there bridges they could demolish?

[BobR]

The problem with this ruling is it ignores legislation where the state owns all of the firearms laws in WA (Preemption). Of course the Supremes said that it is a tax, not a regulation.

What is next, a tax on fast food as a public health risk. This ruling is a fast slide down a slippery slope!!!

Elections matter, as if we didn't already know.

http://www.breitbart.com/big-government/2017/08/10/washington-state-supreme-court-upholds-seattle-gun-ammo-tax/

bob

[Regolith]

But FAET has not been.

That's because no one has ever sued over it, as far as I know. Probably because most gun owners have a neutral or positive opinion of that tax, if they know about it, given that it mostly goes to wildlife conservation and opening public gun ranges (or, at least, that's what the funds are supposed to go to).


I just don't see how this tax (or the FAET either, for that matter), doesn't fail the 2nd Amendment test. See Minneapolis Star Tribune Company v. Commissioner, which found that a use tax singling out ink and paper consumed in excess of $100,000 a year was a violation of the First Amendment.

[Northwoods]

The WA state courts have become increasingly divorced from the actual state constitution.  This, and the Hirst, plus McLeary decisions  violate state law and/or constitution, and especially common sense.  The courts in the state don't seem to give a rip about the law, just feels and liberal ideology.