Tag Archives: Gun legislation

Westport Attorney Wins Major Gun Law Ruling

Gun manufacturers are one step closer to being held accountable for gun deaths.

Earlier today, the Connecticut Supreme Court ruled that families of victims of the  Sandy Hook massacre can bring a lawsuit against Remington, which made and sold the rifle used by the killer.

The New York Times called it “a major blow to the firearms industry, (and) a significant development in the long-running battle between gun control advocates and the gun lobby.”

It could also open the way for victims’ relatives and survivors from other mass shootings to sue gun manufacturers and sellers.

Josh Koskoff

Westporter Josh Koskoff is the lead lawyer for the families.

He told the Times, “This decision was a long time in coming but it was more than worth the wait.  These families were not going to go away, no matter how long it took.”

(Click here for the full New York Times story.)

 

“2, 4, 6, 8! We Just Want To Graduate!”

It was a day of activism, for hundreds of Staples High School students.

From 10 a.m. until the end of school, the courtyard was packed. Speeches, poetry, music and more drew attention to the very real issue of gun violence.

One girl said she was told there were consequences for leaving class. “I can’t get a detention if I’m dead!” she replied.

Signs say it all. (Photo/Ali Natalia)

Walkout leaders in the Staples High School courtyard. (Photo/Audrey Bernstein for Inklings)

At 3 p.m., a smaller group of students — bolstered by other Westporters, of all ages — gathered on Veterans Green across from Town Hall.

Politicians of both parties were in attendance. But the students — noting the non-partisan importance of legislation — took charge.

It was their day.

After all, it’s their future.

Staples students look ahead to turning 18 — and turning out to vote.

First Selectman Jim Marpe (far left) and 3rd Selectman Melissa Kane flank Staples students.

Registrars of both parties were on hand to enroll new voters.

“Arms are for hugging,” says the sign.

Former Staples High School assistant principal Lee Littrell (left) and chemistry teacher Bruce McFadden came to Westport to support the activism of current students.

Among the chants from this group of Staples High School students: “No more silence! End gun violence!”

[OPINION] Tax On Firearms: An Idea Worth Pursuing?

Like many of her fellow RTM members, Christine Meiers Schatz has been thinking about taxes — and guns. The other day, she posted these thoughts on her blog:

As an elected official, I’m acutely aware of the need to reduce local tax burdens – this year more than ever due to changes in federal tax law. But I can’t shake an idea I’ve had for a new, local “Pigovian” personal property tax on firearms.

Maybe you can help me figure out whether it is an idea worth pursuing.

Pigovian taxes correct inefficient market outcomes and are favored even by conservative Republican economists. By taxing an activity/ownership that has societal costs, a Pigovian tax shifts some of this “external” cost (an “externality”) back on to the property owner. In addition, the revenue raised could fund measures designed to mitigate these social costs.

Westport residents own over 6,000 firearms.

Westport residents own over 6,741 registered firearms, and the related externalities have made recent headlines. For example, Police Chief Foti Koskinas encouraged the town to proactively address residents’ mental health in light of the number of registered firearms. At a fundraiser in December he explained, “I’m not anti-Second Amendment; people have the right to defend themselves. But we need to have a conversation in town about mental illness. It’s gun common sense.”

Likewise, the number of registered firearms has been mentioned as one of many reasons for the town to hire School Resource Officers to protect students in our public schools. Some economists have even estimated that the average annual marginal societal cost of gun ownership is up to $600 per household.

Assuming an average $500 assessed value for each of the 6,741 registered firearms and using last year’s mill rate, the tax would raise over $56,000 each year for local safety and mental health initiatives.

The tax might be the first of its kind, however, which raises some questions:

Would the tax be Constitutional?
I think it might be.  According to the Connecticut Department of Revenue Services, “nothing in taxing firearms, in any way, infringes upon an individual’s constitutional right to bear arms.”

Generally, taxes need only be justified by a rational governmental purpose. This is a low bar, and – especially with respect to Constitutional issues – a much lower bar than what would be applied to a regulation regarding gun ownership. In fact, a Washington State Supreme Court recently deemed constitutional a different type of local tax on firearms.

The tax would be set at the mill rate, and at 16.86 that equates to a tax of of less than $9 for a $500 gun. This doesn’t seem confiscatory or excessive.  The $9 is meant to fund local social programs as a complement to gun ownership – and not meant to limit access to firearms in any way.

Does the town have the right to levy a personal property tax on guns?
Under Connecticut General Statutes Sections 203–204, Connecticut towns have the right to tax personal property subject to a long list of exceptions. There doesn’t seem to be any sort of exception related to firearms.

Would the tax lead to more unregistered firearms?
This is an important question, and I’m not sure of the answer. It does appear, however, that the state of Connecticut requires sellers to report all firearm sales to local law enforcement.

Is Westport willing to burden the potential risks of being an innovator here?
It is possible that the tax might be challenged, though perhaps a large law firm might donate legal services for its defense (any volunteers?). If not, legal costs might exceed revenue for at least the first year.

It has also been suggested to me that Westport might receive national attention if it is the first to implement a personal property tax on firearms, and that’s not the kind of attention that the town wants or needs.

Christine would like to know what you think. Click “Comments” below.

[OPINION] Staples Student: “I Shouldn’t Be Scared At School”

A Staples High School student writes:

“You’re just a kid, you don’t know what you’re talking about.”

Except I do. I’m taught well and I follow the news. People, children, are dying because we have access to assault rifles.

When you want to make a point about how something is wrong, you say “think of the children.” But now the children are speaking out and all you can say is “you’re just kids.”

We are just kids, but even kids have opinions. Our opinion is that we shouldn’t fear being shot while we’re at school. You want us in school so we can gain knowledge and make our nation better.

You have the power to make our nation better right now by making it safer. In a population of 326 million, 73 million people are under 18. That’s around 8.5 times the population of New York City.

The founders of our nation believed in fighting for what you believe in. You’ll say those were different times. If those were different times, then why do you insist on committing to the 2nd Amendment? It was written in 1787.

Sophisticated assault weapons, when the 2nd Amendment was passed.

This is 2018. We’re a more advanced society now, and we need more advanced laws to fit. After 9/11, we said never again. We changed laws to make society safer. How many kids have to die at school before we change the laws to prevent those deaths? We are the future, and you’re letting us die.

I wrote that 2 days ago. Yesterday my school was evacuated because of a potential shooter threat. It’s a new feeling.

Whenever there is a shooting far away, I’m sad for everyone there. Whenever it’s nearby, I’m scared that it was so close.

This feeling was different. I was so utterly terrified of what could’ve happened. I shouldn’t have to text my family to let them know I’m safe, because I should be safe at school.

I shouldn’t be getting concerned messages from my family all over the world. I shouldn’t be scared at school.

This has to stop. We need to be safe. You’re letting us die because you want to keep your precious guns. Guns should not have more rights than the children of our nation. We need to stand up and fight back before we’re all gone.

Artwork by Elizabeth DeVoll, exhibited recently at the Westport Arts Center.