State lawyers appeal capital gains tax case directly to Washington Supreme Court

As expected, the state of Washington on March 25 bypassed the appellate court level and took its arguments directly to the state Supreme Court following Douglas County Superior Court Judge Brian Huber’s ruling earlier this month striking down Washington’s new capital gains tax.

Supporters knew the tax had constitutional problems — in addition to being wildly unpopular with the public — when it was passed by the 2021 Washington State Legislature and signed into law by Gov. Jay Inslee. But they clearly hoped the matter would eventually find its way to the reliably liberal state Supreme Court, whose justices they hoped would ignore the clear language of Washington’s constitution and 90 years of legal precedent to validate it anyway.

The Freedom Foundation, along with the Seattle law firm Lane Powell PC, was the first to file a legal challenge to the tax. That lawsuit was later joined with another filed by a coalition of farmers, business owners, investors and the Washington Farm Bureau.

Direct appeals to the Supreme Court are rarely granted but, given the sweeping nature of Huber’s rebuke, attorneys for the state obviously feared a second setback at the appeals court level could put the Supreme Court justices in an even tighter box.

Looking at it from the perspective of Washington Attorney General Bob Ferguson, however, the appeal is a win-win proposition. It costs him nothing but the taxpayers’ money if the case is thrown out yet again, and it’s the court, not him, who looks bad if the tax is reinstated.

The Washington State Constitution unequivocally bans property and income taxes that aren’t applied uniformly. Lawmakers could have circumvented that obstacle by passing a flat tax requiring everyone to pay the same rate, but the Democrat-dominated Legislature demanded a measure that punishes behavior they oppose — in this case financial success.

(Freedom Foundation)

Status of WA state income tax

The Freedom Foundation is struggling to keep Washington State income tax free.  This summary of current events is provided by the Freedom Foundation.

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Moments after Washington Gov. Jay Inslee signed the state’s new capital gains tax into law, the Freedom Foundation filed a lawsuit challenging the unconstitutional measure. Since filing the lawsuit nearly a year ago, we’ve earned some major wins.

The Washington Attorney General’s Office tried to get our case dismissed, but its attempts were unsuccessful. Meanwhile, the judge also ruled to hear the case in Douglas County and not move the hearing to Thurston County.

The biggest win, though, came earlier this month when Judge Brian Huber struck down the tax, declaring it, “… unconstitutional and invalid and, therefore, void and inoperable as a matter of law.”

These victories would not be possible without your generous support. But the fight isn’t over yet… and we need your help!

To the delight of Washington’s tax-and-spend leftists, Inslee is doubling down on his dream of imposing a new burden on taxpayers by appealing the state’s recent legal beatdown directly to the state Supreme Court.

Supporters of the tax knew it had constitutional problems — in addition to being wildly unpopular with the public — when it was passed by the 2021 Washington State Legislature. But they clearly hoped the matter would eventually find its way to the reliably liberal state Supreme Court, whose justices they hoped would ignore the clear language of Washington’s constitution.

Direct appeals to the Supreme Court are rarely granted. However, looking at it from the perspective of Washington Attorney General Bob Ferguson, the appeal is a win-win proposition. It costs him nothing but your tax dollars if the case is thrown out yet again, and it’s the court, not him, who looks bad if the tax is reinstated.

Regardless of whether the next legal fight ends up before the state Supreme Court or the state Court of Appeals, the Freedom Foundation’s legal team is moving forward to defend Judge Huber’s decision. 

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The Freedom Foundation's efforts do not com free, but they are certainly less expensive than unlimited government tax-and-spend would be.  We can help the foundation gear up for the next battle in this saga.  Give to the Freedom Foundation

Losing gun rights

Thanks, everybody, for your efforts to stop the vile stupidity from the gun-control Democrats in Olympia.

Governor Jay Inslee turned his back on law-abiding gun owners and ignored overwhelming public opposition, and has once again snubbed our right to self-defense.  This morning, the Governor signed anti-gun measures, Senate Bill 5078, House Bill 1705, and House Bill 1630.  The NRA and Second Amendment supporters from across the state crowded virtual committee rooms and legislator inboxes with cries of "Vote No," and "Veto," setting state records for public engagement in numerous hearings.  

Despite that, Governor Inslee decided that making the anti-gun Washington elite happy was more important than allowing the law-abiding populace of his state to be able to defend themselves and their loved ones effectively.  ​

The 10-round magazine ban is enacted.  Senate Bill 5078 bans the manufacture, sale, transfer, importation, etc., of magazines that “are capable of holding,” or hold more than, 10 rounds of ammunition.  This includes conversion kits or parts from which any such magazine may be assembled.  These so-called “high capacity” magazines are, in fact, standard equipment for commonly-owned firearms that many Americans constitutionally and effectively use for an entire range of lawful purposes, such as self-defense or competition.  Any violation of this measure is a gross misdemeanor, punishable by a maximum of 364 days in jail and/or a fine of up to $5,000.

The "Ghost Guns" ban is enacted.  House Bill 1705 further restricts the centuries-old practice of manufacturing firearms for personal use and self-defense by imposing requirements that far exceed those in federal law.  It prohibits private individuals from possessing certain unregulated components commonly used by Americans to make their own firearms for self-defense, sport and hobby, and from possessing currently legal firearms that don’t have serial numbers. This bill makes lawfully built firearms retroactively illegal if built after 2019. 

The ban on firearms from election-related places,school board and municipal meetings.  House Bill 1630 prohibits open carry at school board meetings, municipal meetings and election-related places.   Further, HB 1630 bans all firearms at ballot counting centers, including by Concealed Pistol License  holders. 

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Public policy that looks to disarm those who follow the laws in hopes that criminals will do the same is dangerous, misguided, and shameful.  The NRA-ILA has fought these measures across the United States and has brought legal challenges against similar unconstitutional magazine bans from New Jersey and California.

Stand and Fight. And do not vote for or donate to Democrats.

Legilslative activity summary & gun restrictions

309 regulatory and tax bills passed both houses of the Washington state legislature.  The list of all 309 bills can be found at this link.  

The governor may not have signed all bills yet, so they may not yet be law.

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The following bills are on the governor's desk.  Governor Inslee has not signed them into law yet.

• Senate Bill 5078 - The 10-round magazine ban
• House Bill 1705 - “GHOST Guns” ban
• House Bill 1630 - Ban firearms from election-related places, school board and municipal meetings
• House Bill 1901 - Expands Red Flag laws & prohibit firearms possession through civil protection orders

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Please email Governor Jay Inslee and urge him to VETO these bills.   Tell him the state has no right to complicate a person's self-defense.  Also, remind him the state constitution recognizes our individual right to be armed in defense of self (Article 1, Section 24) 

Here's a suggested message:

Please veto Senate Bill 5078 and House Bill 1705, HB 1630 & HB 1901

"The state has no right to complicate a person's self-defense.  The state constitution recognizes our individual right to be armed in defense of self (Article 1, Section 24).  Firearm restrictions only affect the law abiding, and will not stop criminals even slightly.

Thank you for your attention"

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The Legislature is not scheduled to reconvene until January 2023.

Ask Governor Inslee to VETO the legislature's gun control

This year, anti-gun Washington Legislators placed law-abiding gun owners in their sights and made it their priority to pull no punches infringing on our Second Amendment rights.  While this session saw the passage of numerous anti-gun measures, it was not without its victories as well.  Thanks to the calls and emails from NRA Members and Second Amendment supporters, a number of equally bad measures were thankfully defeated.  Please contact Governor Jay Inslee and respectfully ask him to veto the below anti-gun measures.

Its easier if you use the NRA link to make your remarks 

Awaiting Governor Jay Inslee’s Consideration:

10-ROUND MAGAZINE BAN - Senate Bill 5078 bans the manufacture, sale, transfer, importation, etc., of magazines that “are capable of holding,” or hold more than, 10 rounds of ammunition.  This includes conversion kits or parts from which any such magazine may be assembled.  These so-called “high capacity” magazines are, in fact, standard equipment for commonly-owned firearms that many Americans constitutionally and effectively use for an entire range of lawful purposes, such as self-defense or competition.  For example, the Glock 19 was the most commonly purchased firearm of 2021 and has a standard-issue magazine that holds 15 rounds of ammunition.  Any violation of this measure is a gross misdemeanor, punishable by a maximum of 364 days in jail and/or a fine of up to $5,000.

“GHOST GUNS” BAN - House Bill 1705 further restricts the centuries-old practice of manufacturing firearms for personal use and self-defense by imposing requirements that far exceed those in federal law.  It seeks to prohibit private individuals from possessing certain unregulated components commonly used by Americans to make their own firearms for self-defense, sport and hobby, and from possessing currently legal firearms that don’t have serial numbers. This bill would make lawfully built firearms retroactively illegal if built after 2019. 

BAN FIREARMS FROM ELECTION-RELATED PLACES, SCHOOL BOARD AND MUNICIPAL MEETINGS - House Bill 1630 prohibits open carry at school board meetings, municipal meetings and election-related places. Further, HB 1630 bans all firearms at ballot counting centers, including by CPL Holders.

EXPAND RED FLAG LAWS THROUGH CIVIL PROTECTION ORDERS - House Bill 1901 would allow petitioners for civil protection orders to assert that another has “coercive control” over them, leading to an unconstitutional revocation of firearm rights without due process of law. This bill is ripe for abuse.

10 round limit clears legislature - tell the governor to veto it

Gun Control in Washington

Senate Bill 5078, which bans the manufacture, sale, transfer, importation, etc., of magazines that hold more than 10 rounds has passed both the WA House and WA Senate.  The vote was along party lines with every Democrat voting to restrict self-defense  (The point here is Do not vote for Democrats).

Governor Inslee may sign the 10 round bill in the next few days.  Let him know how you feel about being told your gun holds too much ammunition for you to legally defend you life.

Click here to contact Governor Jay Inslee.  Tell him the state has no right to complicate a person's self-defense.  Also remind him the state constitution recognizes our individual right to be armed in defense of self (Article 1, Section 24) 

Here's a suggested message:

Please veto Senate Bill 5078.

"The state has no right to complicate a person's self-defense.  The state constitution recognizes our individual right to be armed in defense of self (Article 1, Section 24).  Ammunition limitations only affect the law abiding, and will not stop criminals even slightly.

Thank you for your attention"

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You can also use the NRA action link

 

Related action -- ask Governor Inslee to Veto all three gun control bills.  Click here.

10 Round ban -- legislative Rush

Update:  The 10 round magazine ban has passed the legislature.  It has moved on to governor Inslee's desk.  Email him to ask him to please veto Senate Bill 5078.  

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Last night, Senate Bill 5078, the 10-round Magazine Ban legislation, was sent to the House floor and could be heard at any moment. Anti-gun legislators are pulling out all the stops to get this measure passed as soon as possible.  It is critical that you contact your state Representative and respectfully urge them to OPPOSE Senate Bill 5078.  This is the last chance for NRA Members and Second Amendment supporters to contact their Representatives in opposition to this extreme anti-gun measure before it goes to proven anti-gun Governor Jay Inslee.

Senate Bill 5078, bans the manufacture, sale, transfer, importation, etc., of magazines that “are capable of holding,” or hold more than, 10 rounds of ammunition.  This includes conversion kits or parts from which any such magazine may be assembled.  These so-called “high capacity” magazines are, in fact, standard equipment for commonly-owned firearms that many Americans constitutionally and effectively use for an entire range of lawful purposes, such as self-defense or competition.  For example, the Glock 19 was the most commonly purchased firearm of 2021 and has a standard-issue magazine that holds 15 rounds of ammunition.  Any violation of this measure is a gross misdemeanor, punishable by a maximum of 364 days in jail and/or a fine of up to $5,000.

It is crucial for you to contact your state Representative and ask them to OPPOSE Senate Bill 5078.  Don’t forget to forward this to your family, friends, fellow gun owners, and Second Amendment supporters asking them to also email their state Representative respectfully urging them to OPPOSE SB 5078.

Gun control moves through WA Legislature toward enactment.

Update:  The 10 round magazine ban has passed the legislature.  It has moved on to governor Inslee's desk.  Email him to ask him to please veto Senate Bill 5078. 

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Please click both of the “Take Action” buttons to ask Governor Inslee to VETO The Ghost Guns ban, House Bill 1705. and your State Representative to OPPOSE Open Carry prohibition, House Bill 1630.

Last night, the Washington Senate passed a pair of anti-gun bills that would do nothing to prevent crime and only target the actions of law-abiding gun owners, House Bill 1705 and House Bill 1630.  House Bill 1705 was passed by a narrow vote of 26-23 and now heads to the desk of Governor Jay Inslee for his consideration.  House Bill 1630 was amended and was passed by a 28-20-1 vote. HB 1630 now heads back to the House for a concurrence vote.  Please click both of the “Take Action” buttons below to ask Governor Inslee to VETO House Bill 1705, and your State Representative to OPPOSE House Bill 1630.

“GHOST GUNS” BAN – House Bill 1705 further restricts the centuries-old practice of manufacturing firearms for personal use and self-defense by imposing requirements that far exceed those in federal law.  It seeks to prohibit private individuals from possessing certain unregulated components commonly used by Americans to make their own firearms for self-defense, sport and hobby, and from possessing currently legal firearms that don’t have serial numbers. This bill would make lawfully built firearms retroactively illegal if built after 2019. 

BAN FIREARMS FROM ELECTION-RELATED PLACES, SCHOOL BOARD AND MUNICIPAL MEETINGS – House Bill 1630 prohibits open carry at school board meetings, municipal meetings and election-related places. Further, HB 1630 bans all firearms at ballot counting centers, including by CPL Holders.