Gun rights advocates say new gun tax is illegal, discriminatory

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Gun Rights Advocates Say Seattle's New Gun Tax Is Illegal, Discriminatory

(KCPQ - SEATTLE) Gun rights advocates are firing back one day after the Seattle City Council passed a gun and ammunition tax.

They say the new tax violates state firearms laws and they're ready to file suit to get it overturned.

"It's inevitable that some of the cost will get passed down on to consumers," gun owner Paul Scherwin said.

Scherwin believes Seattle's new gun tax will trickle down to consumers with store owners having to pay $25 on each gun sold and a 5-cent tax on most rounds of ammunition.

"I think it's very reasonable to expect a multibillion-dollar-a-year industry, the gun industry, to help offset the cost," Seattle City Council President Tim Burgess said.

Seattle wants to raise money for research and programs aimed at preventing gun violence. City leaders say the gun tax could generate up to a half-million dollars a year.
But gun rights advocates say it will cost the city business.

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Gun rights advocates say new gun tax is illegal, discriminatory
FILE - In this Jan. 26, 2015 file photo, a demonstrator helps hold a large "Come and Take It" banner at a rally in support of open carry gun laws at the Capitol, in Austin, Texas. Texas, the second-most populous state, is joining 44 other states in allowing at least some firearm owners to carry handguns openly in public places. Under the Texas law, guns can be carried by those with licenses and only in holsters. (AP Photo/Eric Gay, File)
FILE - In this Jan. 26, 2015 file photo, Scott Smith, a supporter of open carry gun laws, wears a pistol as he prepares for a rally in support of open carry gun laws at the Capitol, in Austin, Texas. Texas the second-most populous state, is joining 44 other states in allowing at least some firearm owners to carry handguns openly in public places. Under the Texas law, guns can be carried by those with licenses and only in holsters. (AP Photo/Eric Gay, File)
DES MOINES, IA - JUNE 14: Gun rights advocates demonstrate outside the Elwell Family food Center at the Iowa State Fairgrounds where former Secretary of State Hillary Clinton was expected for a campaign event on June 14, 2015 in Des Moines, Iowa. (Photo by Scott Olson/Getty Images)
Trystan Olson, 4, of Spokane, Wash., holds a toy gun as he leans into the barrel of the rifle of his father, Erik Olson, during a rally by gun-rights advocates at the state capitol Saturday, Feb. 7, 2015, in Olympia, Wash. Approximately 50 demonstrators, including a half-dozen small children, protested rules that prohibit openly carrying guns into the House and Senate viewing galleries. (AP Photo/Elaine Thompson)
Protesters pledge allegiance during a rally by gun-rights advocates to protest a new expanded gun background check law in Washington state Saturday, Dec. 13, 2014, in Olympia, Wash. Saturday's protest was called the "I Will Not Comply" rally, and those attending said they will openly exchange firearms in opposition to the state's new voter-approved universal background check law, Initiative 594. The law, which took effect on Dec. 4, requires background checks on all sales and transfers, including private transactions and many loans and gifts. (AP Photo/Elaine Thompson)
Demonstrators with rifles slung across their backs attend a rally by gun-rights advocates to protest a new expanded gun background check law in Washington state Saturday, Dec. 13, 2014, in Olympia, Wash. Saturday's protest was called the "I Will Not Comply" rally, and those attending said they will openly exchange firearms in opposition to the state's new voter-approved universal background check law, Initiative 594. The law, which took effect on Dec. 4, requires background checks on all sales and transfers, including private transactions and many loans and gifts. (AP Photo/Rachel La Corte)
Rob Petersen, of Federal Way, Wash., holds a sign during a rally by gun-rights advocates to protest a new expanded gun background check law in Washington state Saturday, Dec. 13, 2014, in Olympia, Wash. Saturday's protest was called the "I Will Not Comply" rally, and those attending said they will openly exchange firearms in opposition to the state's new voter-approved universal background check law, Initiative 594. The law, which took effect on Dec. 4, requires background checks on all sales and transfers, including private transactions and many loans and gifts. (AP Photo/Elaine Thompson)
OLYMPIA, WASHINGTON - DECEMBER 13: Gun rights activist Mike Vanderboegh speaks during an 'I Will Not Comply' rally at the State Capitol on December 13, 2014 in Olympia, Washington. Gun rights activists protested Washington State's voter-passed initiative that requires background checks for all guns sales and exchanges. (Photo by Stephen Brashear/Getty Images)
MYRTLE BEACH, SC - JANUARY 18: A gun rights advocate shows off a civil war rifle during a break at the South Carolina Tea Party Coalition convention on January 18, 2015 in Myrtle Beach, South Carolina. A variety of conservative presidential hopefuls spoke at the gathering on the second day of a three day event. (Photo by Richard Ellis/Getty Images)
Marie McFadden holds her daughter, Faith, 6, as she prays with armed demonstrators as the group concludes a gun-rights rally at the state capitol Saturday, Feb. 7, 2015, in Olympia, Wash. Approximately 50 demonstrators, including a half-dozen small children, protested rules that prohibit openly carrying guns into the House and Senate viewing galleries. (AP Photo/Elaine Thompson)
OLYMPIA, WASHINGTON - DECEMBER 13: A pair of gun rights activists listen to a speaker during an 'I Will Not Comply' rally at the State Capitol on December 13, 2014 in Olympia, Washington. Gun rights activists protested Washington State's voter-passed initiative that requires background checks for all guns sales and exchanges. (Photo by Stephen Brashear/Getty Images)
OLYMPIA, WASHINGTON - DECEMBER 13: Mike Ladines of Covington, Washington holds a sign while listening to a speaker during an 'I Will Not Comply' rally at the State Capitol on December 13, 2014 in Olympia, Washington. Gun rights activists protested Washington State's voter-passed initiative that requires background checks for all guns sales and exchanges. (Photo by Stephen Brashear/Getty Images)
FILE - In this Jan. 13, 2015 file photo, gun rights advocates carry rifles while protesting outside the Texas Capitol in Austin, Texas. Although Texas has more than 800,000 concealed handgun license holders, it is one of only six states that don’t allow open carry, a ban that dates almost to the Civil War. But open carry looked primed to pass this year with strong support from Gov. Greg Abbott and other top Republicans who have dominated state politics for two decades. (AP Photo/Eric Gay, File)
Demonstrators look on during a rally by gun-rights advocates at the state capitol Saturday, Feb. 7, 2015, in Olympia, Wash. Approximately 50 demonstrators, including a half-dozen small children, protested rules that prohibit openly carrying guns into the House and Senate viewing galleries. (AP Photo/Elaine Thompson)
A Colt M4 gun and a button that reads "I Vote - Proud Washington Gun Owner," are displayed by Mark Ramirez, of Bainbridge Island, Wash., as he takes part in a gun-rights rally, Thursday, Jan. 15, 2015, at the Capitol in Olympia, Wash., in opposition to the state's Initiative 594, which requires - with only a few exceptions - background checks on all gun sales and transfers. (AP Photo/Ted S. Warren)
Gun owners display their weapons on the steps of the Legislative Building during a gun-rights rally, Thursday, Jan. 15, 2015, at the Capitol in Olympia, Wash. The protestors were demonstrating against the state's Initiative 594, which requires - with only a few exceptions - background checks on all gun sales and transfers. (AP Photo/Ted S. Warren)
Protestors, including Mark Ramirez, center, of Bainbridge Island, Wash., wearing his Colt M4 gun, take part in a gun-rights rally, Thursday, Jan. 15, 2015, at the Capitol in Olympia, Wash, in opposition to the state's Initiative 594, which requires - with only a few exceptions - background checks on all gun sales and transfers. (AP Photo/Ted S. Warren)
Matt Mulder, left, holds an AR-15 rifle as he has his photo taken while Mary Hath Spokane, center, gives info to Steel Brooks after having her picture taken during a rally by gun-rights advocates to protest a new expanded gun background check law in Washington state Saturday, Dec. 13, 2014, in Olympia, Wash. Saturday's protest was called the "I Will Not Comply" rally, and those attending said they will openly exchange firearms in opposition to the state's new voter-approved universal background check law, Initiative 594. The law, which took effect on Dec. 4, requires background checks on all sales and transfers, including private transactions and many loans and gifts. (AP Photo/Elaine Thompson)
Members of Texas law enforcement wait for a news conference to begin Wednesday, May 27, 2015, in Austin, Texas. Law enforcement groups from across Texas are demanding Gov. Greg Abbott veto a handgun open carry bill if they can't strip out a restriction on police powers to question people carrying weapons.(AP Photo/Eric Gay)
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"I don't think they are going to collect anywhere near that. In fact, they might end up with a business deficit if these businesses leave the city of Seattle," said Dave Workman, of the Second Amendment Foundation.

If the foundation has any say, the new gun tax won`t hold up in a court of law.

"I am absolutely certain there will be a lawsuit filed and there could be more than one," Workman said

Opponents say the new law is both discriminatory and illegal.

They say local laws can`t be more strict than the state law already in place.

"They cannot exceed what the state law allows," Workman said.

The Second Amendment Foundation sued, and won, after Seattle tried to ban firearms in city parks. Now they intend to win this battle. Scherwin hopes the law will be overturned.

"They want to pass a law so it looks like they did something," Scherwin said.

But supporters of the new measure are calling it a small step in the right direction.

"Every step we take as a city, as a state, as a country toward gun safety is a good step," said Margaret Heldring, of Grandmothers Against Gun Violence.

In response to the lawsuit threats on Tuesday, Burgess released this statement.

"While I wish the gun lobby would join us in pursuing gun safety solutions, they've instead chosen the predictable path of obstruction and litigation. Gun violence negatively affects our entire community, and we're well prepared to defend our position in court."

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