CHARLESTON, W.Va. -- A bill that would give gun buyers a break on the state's 6 percent sales tax passed quietly on the final day of the legislative session.
Known as "The Second Amendment Appreciation Act," it creates an annual sales tax holiday on firearm purchases during the second weekend in October.
The bill puts Gov. Joe Manchin in an interesting position. In 2005, he eliminated an annual sales tax holiday weekend for parents on purchases of school clothing and school supplies begun during Gov. Bob Wise's administration.
To be consistent, he'd have to veto the gun bill. But opposing a measure that passed by large margins in both houses with backing from the National Rifle Association might not be politically popular.
Manchin has not yet decided whether to veto the legislation, said his spokesman Matt Turner.
"Obviously, he has concerns," Turner said. "He's going to be taking a look at it."
The bill passed in the House by a 96-to-2 vote and in the Senate by 25 to 9.
Several senators spoke out against the bill Saturday.
Sen. Erik Wells, D-Kanawha, said he didn't intend to vote against the 2nd Amendment but against legislation that was clearly politically motivated rather than policy-driven.
"Let's have a sales tax holiday on food because that's more important," said Wells. "I don't want my name attached to something that is wrong."
Sen. Jesse Guills, R-Greenbrier, said the legislation would make West Virginia the butt of jokes around the country and provide fodder for Jay Leno and David Letterman.
Sen. Dan Foster, D-Kanawha, echoed some of those sentiments.
"Is this really the type of economic stimulus we want in times as tough as they are now?" Foster asked fellow senators.
"What kind of message are we sending to other states when we take this kind of action?"
Both Louisiana and South Carolina currently have firearm sales tax holidays in place. Oklahoma, Illinois and Mississippi considered similar legislation this year.
CHARLESTON, W.Va. -- A bill that would give gun buyers a break on the state's 6 percent sales tax passed quietly on the final day of the legislative session.
Known as "The Second Amendment Appreciation Act," it creates an annual sales tax holiday on firearm purchases during the second weekend in October.
The bill puts Gov. Joe Manchin in an interesting position. In 2005, he eliminated an annual sales tax holiday weekend for parents on purchases of school clothing and school supplies begun during Gov. Bob Wise's administration.
To be consistent, he'd have to veto the gun bill. But opposing a measure that passed by large margins in both houses with backing from the National Rifle Association might not be politically popular.
Manchin has not yet decided whether to veto the legislation, said his spokesman Matt Turner.
"Obviously, he has concerns," Turner said. "He's going to be taking a look at it."
The bill passed in the House by a 96-to-2 vote and in the Senate by 25 to 9.
Several senators spoke out against the bill Saturday.
Sen. Erik Wells, D-Kanawha, said he didn't intend to vote against the 2nd Amendment but against legislation that was clearly politically motivated rather than policy-driven.
"Let's have a sales tax holiday on food because that's more important," said Wells. "I don't want my name attached to something that is wrong."
Sen. Jesse Guills, R-Greenbrier, said the legislation would make West Virginia the butt of jokes around the country and provide fodder for Jay Leno and David Letterman.
Sen. Dan Foster, D-Kanawha, echoed some of those sentiments.
"Is this really the type of economic stimulus we want in times as tough as they are now?" Foster asked fellow senators.
"What kind of message are we sending to other states when we take this kind of action?"
Both Louisiana and South Carolina currently have firearm sales tax holidays in place. Oklahoma, Illinois and Mississippi considered similar legislation this year.
Sen. Walt Helmick, who voted in favor of the tax holiday, said it is estimated that it would cost the state only $25,000 in lost tax revenue and could give hunters a boost before the start of deer season.
"Hunting is a part of tradition in West Virginia," said Helmick, D-Pocahontas.
"It's something each and every one of us in here knows has been a part of the fabric of West Virginia for many, many years."
Delegate Mark Hunt, D-Kanawha, who was one of the bill's sponsors and voted in favor of it, doesn't think it will lead to a spike in gun sales and believes the $25,000 revenue loss estimate is exaggerated.
"I don't really think this bill is going to have much significance at all," Hunt said. "We're talking about a really little thing."
Another issue that may make Manchin hesitant to sign the legislation is whether the sales tax holiday would violate the terms of the Streamlined Sales Tax Agreement, which West Virginia participates in with 43 other states and the District of Columbia.
The agreement encourages businesses or individuals selling over the Internet and by mail order to collect and remit taxes on sales to customers living in the streamlined states.
"As a result of the agreement, we see about $3 million a year that we wouldn't otherwise receive if we weren't members of the agreement," said state Deputy Tax Commissioner Craig Griffith.
Griffith says certain tax holidays are allowed under the terms of the streamlined sales agreement, but those for firearms are not included. He is unsure whether permitting such a holiday in West Virginia would cause the state to be expelled from the consortium and says the tax department is researching the matter further for the governor's office.
Once the Legislature wraps up the budget session at the end of this week, Manchin will have 15 days to sign or veto bills.
If the firearm sales tax holiday doesn't get a stamp of approval, Hunt is one supporter who would let the bill go without a fight.
"I wouldn't care," Hunt said. "I don't have burning desire for that bill one way or another."
Contact writer Sara Gavin at sara.ga...@dailymail.com or 304-348-5148.
