\nAfter the City of Seattle imposed a “gun violence tax” on sales of arms and ammunition within their city limits, the Second Amendment Foundation, National Rifle Association, and the National Shooting Sports Foundation jointly sued the city. Under Washington State law, cities and counties are preempted from passing regulations that impact firearms. That is reserved for the state.<\/p>\n
This suit is groundbreaking because it is the first time the three have jointly sued on a gun rights issue. Now comes word that they have moved for summary judgment in King County Superior Court.<\/p>\n
\n Plaintiffs Move For Summary Judgement In Challenge To Seattle Gun Tax<\/p>\n
BELLEVUE, WA \u2013 Plaintiffs challenging a so-called \u201cgun violence tax\u201d recently passed by the Seattle City Council have today filed a motion for summary judgment in their lawsuit, citing Washington State\u2019s long-standing preemption statute which \u201cfully occupies and preempts the entire field of firearms regulation within the boundaries of the state.\u201d The motion was filed in King County Superior Court.<\/p>\n
Attorneys Steven Fogg and David Edwards, with Corr Cronin Michelson, Baumgardner Fogg & Moore LLP filed the motion for the Second Amendment Foundation, National Rifle Association, National Shooting Sports Foundation and their co-plaintiffs. They allege that the city \u201cis well aware of this restriction on its legislative power, in part because its most recent attempt to regulate firearms was emphatically struck down by the Court of Appeals.\u201d<\/p>\n
That case was Chan v. City of Seattle, brought by SAF, NRA and several other plaintiffs. Fogg also argued that case. It derailed an attempt by the city under former Mayors Greg Nickels and Mike McGinn to ban guns in city park facilities. But Washington State\u2019s preemption statute, passed 32 years ago and used as a model by other states to adopt similar legislation, stopped that effort in its tracks.<\/p>\n
\u201cSeattle is trying to be too clever by half,\u201d said SAF Executive Vice President Alan Gottlieb. \u201cOur motion shows that members of the city council brainstormed with members of local gun control groups to try to skirt the preemption law. This so-called \u2018gun violence tax\u2019 clearly seeks to limit access to firearms and ammunition by imposing what amounts to a regulatory fee on the sale of all firearms and ammunition within City limits. The city can\u2019t do that, and we\u2019re confident the court will tell them so.<\/p>\n
\u201cThe city can\u2019t even pass this off as a B&O tax, because it\u2019s a flat fee, not a percentage of sales,\u201d he continued. \u201cIn the final analysis, this is an attempt to skate around, and thus erode, our state\u2019s model preemption law. That cannot be allowed to stand. The City of Seattle is not an entity unto itself, but still part of Washington State, and therefore the city has to abide by the same laws we all follow.\u201d<\/i>\n<\/p><\/blockquote>\n