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SecularMotion

(7,981 posts)
Tue Aug 25, 2015, 06:35 PM Aug 2015

New NRA Talking Point Compares Seattle's New "Gun Violence Tax" To A "Poll Tax"

A flack for the lobbying arm of the National Rifle Association (NRA) used the Jim Crow-era term "poll tax" to describe a new Seattle ordinance that imposes a tax on the sale of guns and ammunition to fund research on gun violence, which the NRA has challenged in a lawsuit.

On August 10, the Seattle City Council unanimously approved a new tax on firearm and ammunition sales. Beginning in January, firearms will be subject to a $25 tax, while most types of ammunition will be taxed at 5 cents per round. Seattle has embraced a research-based approach to preventing gun violence and already has a "hospital-based intervention program for gun violence victims." Revenue from the new tax will fund additional research. Seattle City Council data shows that in 2014, Seattle taxpayers paid $12 million to cover the direct medical costs of gunshot wounds.

During the August 21 broadcast of the NRA's radio show, Cam & Company, NRA Institute for Legislative Action (NRA-ILA) media liaison Lars Dalseide -- who has been attacking the tax in media interviews -- compared the measure to a "poll tax" that is "meant to punish a certain group."

Dalseide said, "Basically what this really is is a poll tax. It's something to stop people from doing something. I know traditionally here in the states a poll tax is tied to voting, but if you go worldwide, a poll tax is just meant to punish a certain group, and this is exactly what this is doing."

http://mediamatters.org/blog/2015/08/25/nra-flack-calls-seattles-new-gun-violence-tax-a/205139
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benEzra

(12,148 posts)
2. It's a tax that directly targets the lawful exercise of a constitutional right.
Tue Aug 25, 2015, 07:43 PM
Aug 2015

Poll taxes were one such punitive tax. So was the tax on printer's ink that was struck down by SCOTUS in Minneapolis Star & Tribune Co. v. Minnesota Commissioner of Revenue, 1983.

http://law.jrank.org/pages/12734/Minneapolis-Star-v-Minnesota-Commissioner-Revenue.html

 

branford

(4,462 posts)
3. They courts will never need to decide the constitutional issue.
Tue Aug 25, 2015, 07:57 PM
Aug 2015

Washington has state preemption concerning firearm laws. Seattle simple did not have the right to pass the so-called "gun violence tax."

It doesn't matter if the law passed unanimously, is supported by all of Seattle, is only a minor financial inconvenience, and is the best darn gun law ever devised by the imperfect hand of man, it will still be struck down because the city did not have authority to enact such a law.

If Seattle wants a "gun violence tax," they need to convince the state legislature and governor (although if such a law passed, it would indeed be challenged on constitutional grounds).

Nuclear Unicorn

(19,497 posts)
6. Ironically, Controllers would have us believe they are on the side of law and order.
Wed Aug 26, 2015, 06:28 AM
Aug 2015

They squall mightily if some speak of not complying with registration and confiscation laws. Yet, they feel no compunction to abide by laws that deny them the ability to infringe upon the rights of others.

 

beevul

(12,194 posts)
4. Media matters Misfire.
Wed Aug 26, 2015, 02:27 AM
Aug 2015
To: ALL MEDIA

For immediate release
August 21, 2015

For more information contact:

Bill Brassard
203-426-1320



NSSF Tells Seattle Mayor to Veto Gun and Ammunition Tax or Face Lawsuit

NEWTOWN, Conn.—The National Shooting Sports Foundation, the trade association for the firearms and ammunition industry, says it intends to file a lawsuit challenging the City of Seattle’s recently approved sales tax of $25 on each firearm sold and five cents for each round of ammunition (two cents for .22 caliber).

NSSF and other pro-gun groups fought the legislation, labeled a “gun violence tax,” but the City Council nevertheless approved the ordinance on August 10. Seattle Mayor Ed Murray has indicated support for the measure. NSSF today sent the mayor a letter urging him to veto the unlawful tax and letting him know that if the law was enacted “NSSF will have no alternative but to file a lawsuit” against the City to invalidate this unlawful regulation of the lawful sale of firearms and ammunition on the grounds that it violates Washington state’s preemption statute that blocks cities from regulating the sale of firearms. Additionally, the letter points out that the tax burdens citizens from exercising their Second Amendment right to purchase a firearm.

“This ordinance will do little to promote public safety and instead will place an undue burden on both federally licensed firearms retailers and law-abiding citizens who want to purchase firearms, particularly people in less well-off circumstances,” said Lawrence G. Keane, Senior Vice President and General Counsel of NSSF. “This law is nothing but a ‘poll tax’ on the Second Amendment and an effort to drive Seattle’s firearms retailers out of business.”

The ordinance was proposed by anti-gun Council President Tim Burgess as a way to offset the cost of violence resulting from criminals who misuse firearms.

NSSF says the law is misguided because criminals do not purchase guns through legal means, and that the tax will generate less far less revenue than projected because customers will simply go outside the city to make their purchases.

http://www.nssfblog.com/nssf-tells-seattle-mayor-to-veto-gun-and-ammunition-tax-or-face-lawsuit/


Looks just as likely to have been an nssf talking point.

Fail.
 

DonP

(6,185 posts)
8. That's what Chicago did.
Wed Aug 26, 2015, 09:41 AM
Aug 2015

Not a single gun store in the entire city and only 3 or 4 left in Cook County.

It's not about "recovering the money" it's about making it harder for poor people to exercise their 2nd amendment rights.

 

branford

(4,462 posts)
9. An after they're forced to pay the plaintiffs' legal fees after losing the lawsuit,
Wed Aug 26, 2015, 09:44 AM
Aug 2015

just like Chicago, they will also involuntarily donate substantial funds to gun rights groups to lobby and challenge more gun control laws.

melm00se

(5,054 posts)
10. I know that this might be out of your scope
Wed Aug 26, 2015, 01:51 PM
Aug 2015

but is there any civil liability on the city for lost business if/when the law is overturned? does the city enjoy some sort of immunity or is there a very high burden of proof upon the plaintiff?

 

branford

(4,462 posts)
12. It's not my area of law, I've not seen the actual lawsuit, I have not reviewed the state preemption
Wed Aug 26, 2015, 02:31 PM
Aug 2015

law, and overall the matter is somewhat complicated.

Disclaimers aside, the city would not have immunity to a federal civil rights action or against a declaration that it violated state law. In this instance, the city will need to bear a high burden of proof either to demonstrate the tax is constitutional or that it is not preempted. The exact level of scrutiny of any constitutional analysis is an evolving area of law, and I don't know the level of deference given to local ordinances in Washington state local/state conflict of law jurisprudence. Any limitations of damages for breach of state law would be determined by Washington state law.

If the plaintiffs prevail in a civil rights cause of action, they are generally entitled to recover provable direct damages and legal fees. It's doubtful that plaintiffs like the NRA and SAF actually suffered any damages, and given that the law just passed (I don't know if it is yet effective or if the plaintiffs have or will seek an injunction), the damages suffered by the retail plaintiffs would be similarly de minimus. I'm uncertain about the result if a Washington state court strikes the city ordinance as violating state preemption without reaching the constitutional issue at all or if state law explicitly provides for legal fees or statutory damages.

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