SEATTLE (TNS) — Three gun-rights groups are suing Seattle in an attempt to block a tax on gun and ammunition sales from taking effect.
The National Rifle Association, along with the National Shooting Sports Foundation and the Bellevue-based 2nd Amendment Foundation, filed a lawsuit in King County Superior Court on Monday accusing the city of violating a state law that prohibits local municipalities from regulating firearms, representatives for the organizations said.
The Seattle City Council earlier this month voted unanimously to establish a tax on gun and ammunition sales and to require firearms owners to report lost and stolen guns to the police. The reporting requirement is scheduled to take effect next month and the tax on Jan. 1.
The lawsuit, aimed only at the tax, calls that ordinance “a piece of propaganda, because … the state of Washington has the exclusive right to regulate the sale of firearms in Washington.”
Chris Cox, executive director of the NRA’s Institute for Legislative Action, compared the challenge to a previous lawsuit. Regulations that prohibited the carrying of firearms in Seattle parks — approved by the council in 2009 — were struck down in 2012.
“Once again, anti-gun activists in Seattle have chosen to violate the Washington State Constitution and trample on the 2nd Amendment Rights of law-abiding citizens,” Cox said.
“They tried to enact similar regulations back in 2009 and lost. It’s a shame to see such a waste of public resources on issues the courts have already ruled to be a clear violation of state law.”
When Council President Tim Burgess proposed the new gun ordinances in July — knowing they likely would get Seattle sued — he said the tax would hold up in court because the statute barring municipalities from regulating guns “does not appear to cover taxation.”
On Monday, he said about the lawsuit: “We anticipated this, so we’re prepared.”
The 2009 regulations on guns in parks were “clearly aimed at regulating the possession of firearms,” Burgess said, arguing the tax is different.
“The city believes it is well within its legal authority to tax the sales of firearms and ammunition and will vigorously defend the ordinance in court,” added Kimberly Mills, a spokeswoman for City Attorney Pete Holmes.
The tax of $25 per gun and 2 or 5 cents per round of ammunition has drawn praise from some gun-control groups, such as the Seattle-based Grandmothers Against Gun Violence.
Burgess has said the point of the tax is to offset the costs of gun violence. Revenue from the tax will be set aside for gun-violence-prevention research and programs.
Gun violence costs the public millions of dollars each year — in addition to lives damaged and lost — when victims with Medicaid or no insurance are treated at hospitals such as Seattle’s Harborview Medical Center, Burgess has pointed out.
But some gun owners have predicted the tax would be passed on to them in the form of higher prices and have complained that they’ll be paying for crimes committed by people who obtain firearms illegally.
And some gun-sellers have said the tax would force them to move their businesses outside Seattle.
Monday’s lawsuit objects to the argument that the tax is legal because taxation and regulation are distinct government functions.
“The fanciful notion that a tax can exist without implicating or requiring regulation quickly collapses when one considers the context surrounding the passage of the ordinance,” it says, citing speeches by council members before their Aug. 10 vote.
For example, Councilmember John Okamoto read a citizen statement that said, “Prohibiting guns completely will not stop every shooting, but I do believe making it more difficult to access guns and ammunition will save more lives,” the lawsuit notes.
In addition to the three gun-rights groups, the lawsuit also names as plaintiffs two Seattle stores that sell guns, as well as two men — Philip Watson of Lakewood, Pierce County and Ray Carter of West Seattle — who have bought firearms and ammo in the city.
Plaintiff stores Outdoor Emporium and Precise Shooter sell “the vast majority of firearms and ammunition in Seattle,” according to the lawsuit.
“Neither Outdoor Emporium nor Precise Shooter will be able to continue selling firearms or ammunition in Seattle after the imposition of the newly passed tax, with the possible exception of a select few high-end firearms and ammunition.”
Besides the city, the lawsuit names as defendants Mayor Ed Murray, the Seattle Department of Finance and Administrative Services and Glen Lee, that department’s director.
–Daniel Beekman
The Seattle Times
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[Editor's Note: what I have dubbed the "Legislative-Executive-Judicial Cabal" which the American People have caused by ignoring the generational transition from our Constitutional Republic to what now is, in effect, an "elected" dictatorship. Never mind who is elected. Never mind which bogus party is in power. The superficial, theatrically staged, choreographed appearance of debate, disagreement, and stalled legislation always resolves into more government and less FREEDOM. We the People still lose more freedom after every "emergency" or unnoticeably when CON-gress passes another general, open-ended law that enables the Executive (dictator) and its unaccountable agencies to formulate more freedom-restricting regulations (200 pages a day get posted to the Federal Register). The "Dictator's" agencies (police force) continue to pile-up more weapons to squelch uprising(s) when the People finally realize and understand their tyrannical government.
Currently, CONgress is just a group of socialists, progressives, and faux-conservatives (career politicians) that, on a daily basis, ignores the Constitution, many of their own past statutes, and cedes their responsibilities to the president ("elected" dictator). A comparison to the history of Rome becomes more and more credible with the Executive and its "featherbedded" lackeys gaining more power while CONgress sits back all fat-dumb-and-happy.
CONgress has made recent efforts to expose State Dept. failures in Benghazi (inept political leader), Fast-and-Furious gun-running (criminal AG), IRS 1st amendment violations, gov't union Veterans Administration fraud, and whining about Obama(Reid)-killer-Care, but these efforts are mostly politics as usual. Most "citizens" will forget about these infringements from our unaccountable, uncontrollable Executive branch with its tyrannical agencies staffed by socialist unions that extort "juicy" contracts from the "elected" dictatorship.
Most positions in the federal government whether elected, appointed, or hired are nominal, make-work jobs (confidentially) designed merely to grow government, bilk money from private businesses and citizens, and eventually fully transform America into a totalitarian state. When this happens, CONgress will have destroyed the economy and the country by their negligence and counter-liberty policies, and it will be almost impossible to Restore America. The 'Restore America' list is only a beginning too.]
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed or elective, may justly be pronounced the very definition of tyranny."
James Madison, Federalist Paper 47, Friday, February 1, 1788
Anyone who believes this country is free is an idiot!
"Extortion and thuggery are good things when they're called law!"
Larken Rose
[Editor's Note: a Constitutional Convention is required to reverse the damage to freedom and liberty since 1900. This Article V was ratified by the participants at America's founding Constitutional Convention as an alternate path for repairing damage to freedom and liberty, a path for the People to restore damage caused by our failed representatives in the Legislative, Executive, and Judicial branches of a government designed to represent the wishes of We the People.
The States must "demand" a Convention and explicitly specify an agenda of:
laws to be repealed or modified,
Amendments to existing constitutional clauses that define the co-equal branches to further specify and define, and
new Amendments or statutes to be eventually ratified by States.
These Amendments should further specify and clarify the powers of the Legislature and Executive Branches. A good example is the definition of a "Bill".
A Bill should contain ONLY verbiage in regards to the topic of the future law. NO earmarks and NO unrelated sections or attacments.
Many past Bills sent to a president for signature contained unrelated but essential funding sections that rendered the Bill veto-proof when it warranted a veto.
CON-gress can override a veto if the Bill is deemed absolutely necessary by CON-gress.
If the Bill requires SPECIFICALLY related amendments, the CON-gress can "debate" (with its usual theater) and vote any new amendments.
The original text of the Constitution contains some very GENERAL clauses enabling both CON-gress and Executive branches to write laws and
regulations with their particular nuances expanding powers beyond intent. "Intent" may be gleaned from a complete understanding of
Federalist Papers.
An example of further specification and clarity for CON-gress should be a clear, very specific definition of the boundaries for the interstate Commerce Clause.
To restore freedom, liberty, and individuality - minimally these must be repealed:
Currently, even with computer-searching systems, the list of antiquated and/or obsolete statutes (and related regulations) is unwieldy.
These statutes must be invalidated unless there remains an applicable reason for retaining the law(s).
Aside from invalidating statutes, there are many regulations that are biased in favor of large enterprises (who buy support from bureaucrats)
at the expense of the competition, effectively repressing the Free Market. Any regulations not related to public safety that gives a financial advantage
to some companies over their smaller rivals must be rescinded to enable all companies with good consumer products to excel without burdensome regulations.
Additionally, the Convention should adopt for ratification at least these new Amendments or statute modifications:
clearly define and limit the role of government in regards to the term "general welfare",
Term Limits for CON-gress (12 years) including a 6 month limit on time residing in DC,
strict Prohibition of Lobbying (with a comprehensive definition of "lobbying"), and
a Balanced Budget Amendment to stop wreckless spending. During a CON-gressionally declared "war" (only after USA is attacked or attack is proven "imminent"),
deficit spending is permissible.
Restore America to its roots, i.e. Defense, State, Treasury, and Justice. Some Agencies are required like CIA and NSA, both respectively focused on defense against real foreign aggressors and not fictitious paranoid delusions of war mongers. Other agencies help where certain interstate communications are necessary. Most agencies like Agriculture, Education, DEA, IRS (eliminated with 16th Amendment) and many other listed here should be eliminated.
Restore the world Gold Standard with five contentious steps, and
Replace the IMF, World Bank, and Export-Import Bank with facilities that reflect the new Gold Standard, and
After decentralizing and economizing, if tax revenue is needed to fund all or part of the federal government, then implement the Fair Tax.
Regarding a Constitutional Convention itself, some of the available literature warns the reader about a possible "unstructured" and "mismanaged"
Convention that might propose and adopt amendments that could damage the Republic.
Possible, however, it is difficult to envisage how much more damage could done over what the L-E-J Cabal has already done.
If the Convention's agenda and rules of order strictly prohibit violation of the rules and enable a vote on unlisted Amendments AFTER all others are adopted,
then the Convention will be properly structured and managed. ]
Those who seek out positions of power tend to be paranoid, hypocritical wimps. Consider the issue of firearms. Politicians have many thousands of mercenaries (soldiers and "law enforcers") wielding all sort of deadly weapons--guns, tanks, missiles, drones, etc. Yet those same politicians pee themselves at the thought of the rabble owning semi-automatic rifles. From their twisted, elitist perspective, it's perfectly fine for them to swipe many billions of dollars from their subjects to spend on all manner of armaments, but if YOU want to possess a rifle, they think you should have to ask their permission, and register it, and make sure they always know what you own.
They also expect to be allowed to do things in secret, while claiming the right to spy on you and everyone else. As far as they are concerned, it's none of your business what they do, or what weapons they have, but it is their business to know everything that you do and everything that you have. Of course, they will pretend that their goal is to protect you from the "criminal element," but you'd have to be pretty dense to actually believe that. Why do you suppose they mostly whine about civilians having weapons that:
are used in only a tiny percentage of actual crime, and;
are the most effective types of weapon for resisting "government"
aggression?
You don't need to be a rocket scientist to figure it out. People who gravitate towards political office think they have the right to rule you. That's the job they applied for. And, of course, extorting you and bossing you around could be rather more difficult if you are better armed than their enforcers. So they hand out machine guns to their mindless thugs, but have tantrums about you having a 30-round magazine.
A new Congress has been seated, and it brings the prospect of perhaps, maybe, potentially, in a possible way doing something about the runaway federal deficits. And in other news, several New York area bridges are for sale, which you can acquire at a bargain price.
Excessive Spending Destroys!
Feds Have a Spending Problem — DO NOT RAISE THE CEILING!
Feds Have a Sewage Problem!
Becky Gerritson: "...government is out of control!" and "...our representative government has failed us."
A federal judge on Thursday ordered the IRS to detail under oath how some of former agency official Lois Lerner’s emails went missing, as well as any potential methods for recovering them.
Judge Emmet Sullivan of the U.S. District Court in Washington gave the Internal Revenue Service exactly a month — until Aug. 10 — to file a report, which he demanded as part of a lawsuit from a conservative watchdog, Judicial Watch, against the agency.
Judicial Watch is seeking a wide range of documents from the IRS, including Lerner’s emails, as part of a Freedom of Information Act request. It has complained that the IRS didn’t tell it that the agency couldn’t recover all of Lerner’s emails from 2009 to 2011.
Sullivan cast his ruling as a compromise, and a potential way for Judicial Watch to get answers without the court wading any deeper into the matter. Judicial Watch had asked the court to potentially compel IRS officials to testify about the lost emails, through a process called limited discovery.
The FairTax is a consumption tax unilaterally applied to all Americans at the same rate. For businesses, payroll taxes would no longer exist. Our exports would include a heavy tax for overseas buyers purchasing our products, while our imports would be cheaper for us to purchase. I'm not sure how this would affect GDP, as more information is necessary.
According to the FairTax website, "Under the FairTax, every person living in the United States pays a sales tax on purchases of new goods and services, excluding necessities due to the prebate." The prebate gives every legal resident household an "advance refund" at the beginning of each month so that purchases made up to the poverty level are tax-free.
So a family of four making something like $50,000/year should not have to pay taxes, thus preventing an unfair burden on low-income families. Since the FairTax eliminates both federal and payroll taxes, you get to keep your gross pay amount of each paycheck earned.
John Adams said, “Without [term limits] every man in power becomes a ravenous beast of prey”. That being said, here are some of the reasons we believe our country needs Term Limits.
Term Limits can help break the cycle of corruption in Congress. Case studies show that the longer an individual stays in office, the more likely they are to stop serving the public and begin serving their own interests.
Term Limits will encourage regular citizens to run for office. Presently, there is a 94% re-election rate in the House and 83% in the Senate. Because of name recognition, and usually the advantage of money, it can be easy to stay in office. Without legitimate competition, what is the incentive for a member of Congress to serve the public? Furthermore, it is almost a lost cause for the average citizen to try to campaign against current members of Congress.
Term Limits will break the power special interest groups have in Congress.
Term Limits will force politicians to think about the impact of their legislation because they will be returning to their communities shortly to live under the laws they enacted.
Term Limits will bring diversity of people and fresh ideas to Congress.
[Editor's Note: If you want to get rich, i.e. advance from a low paying government bureaucrat job on the local or state level, THEN GET ELECTED TO THE US CONGRESS (House or Senate). Once you're elected, it's easy to steal from your campaign contributions or the Congressional budget allocated to your seat and staff. You can go on a government-funded junket with 'lavishly' paid expenses. The list of ways to steal from the government while in office is inexhaustible. There are only a few Congressmen who left Congress just wealthy instead of a multi-millionaire. Of course, there are several who arrived in Congress as multi-millionaires and don't need to steal from the government.]
