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Posted on 10/24/2021 11:34:41 AM PDT by MNJohnnie
The Illinois Supreme Court ruled on Oct. 21 that two taxes on guns and ammunition in Cook County violate the state’s constitution because they affect law-abiding citizens’ Second Amendment right to acquire firearms for self-defense.
Supreme Court Justice Mary Jane Theis wrote in a 6–0 decision that the taxes violate the constitution’s uniformity clause, while also pointing out that the revenue from the generated tax isn’t directed toward funds or programs that reduce gun violence.
“While the taxes do not directly burden a law-abiding citizen’s right to use a firearm for self-defense, they do directly burden a law-abiding citizen’s right to acquire a firearm and the necessary ammunition for self-defense,” Theis wrote in a 14-page opinion (pdf) filed on Thursday.
“Under the plain language of the ordinances, the revenue generated from the firearm tax is not directed to any fund or program specifically related to curbing the cost of gun violence,” she noted. “Additionally, nothing in the ordinance indicates that the proceeds generated from the ammunition tax must be specifically directed to initiatives aimed at reducing gun violence.”
The justice concluded that the case will be remanded to the circuit court “for entry of summary judgment in favor of plaintiffs.”
In 2012, the Cook County Board of Commissioners approved a $25 tax on the retail purchase of a firearm within the county. The county’s Firearm Tax Ordinance was enacted in April 2013.
A separate county tax was enacted in 2015, which added $0.05 per cartridge for centerfire ammunition and $0.01 per cartridge for rimfire ammunition. Americans who fail to pay those taxes are subject to a $1,000 fine for the first offense and a $2,000 fine for subsequent offenses.
The trade group and gun-rights organization, Guns Save Life, challenged both taxes in a lawsuit against the county, saying they violate the Second Amendment rights of law-abiding citizens.
A spokesman for Cook County President Toni Preckwinkle said on Thursday they are disappointed in the ruling and will work to determine the next steps.
The obvious solution is to do away with the 2A?
I am always suspicious of our government hacks.
Great. Now how do I get my money back?
L
My country went wet about a year ago. They now have two liquor stores. However, the county did it and, at the same time, applied a massive tax to alcohol sales.
I still buy my alcohol in a neighboring county where that tax does not apply. Much cheaper.
If you get my drift.😉
I’m surprised anyone kept selling guns and ammo in Cook county.
country = county
I’m a Second Ammendment die hard. That said, there needs to be a way that selected neighborhoods in select cities and select humans in those neighborhoods can have their right to “keep and bear arms” restricted “legally”.
Suggestion: A “Select” state could be Illinois. The “Select” city could be Chicago. The select humans could be black males under 40. By a 2/3 direct vote of the people (not corrupt legislatures) in the state of Illinois, it should be possible to map off the most dangerous neighborhoods in those areas and say NO GUNS for the selected group, i.e. “black males under 40”.
Now, everyone else can still have their guns.
I know many of you will scream “no way” and you may be right but something on a common sense, logical basis needs to be done to stop innocent little girls from catching a bullet from a gang banger while she is in her room doing her homework.
Most likely, for the first several months at least, the area selected would have to have highly capable soldiers patrolling with the police................like Marines. The National Guard have private jobs to go to and regular army units are PC broke.
Fire away all you FR naysayers!
shoot off 50 rounds of home loaded .22 LR cartridges and you have committed how many violations?
Ruling has several references indicating the law would have been upheld had the taxes been used to “prevent gun violence” (as the state claimed it was, and plaintiffs showed it wasn’t). One judge filed a concurring opinion, noting that the verdict was correct but the reasoning implies the state could simply redirect funds, or modify wording of law, which would subsequently be upheld - despite still being an unconstitutional tax on a fundamental right (per state constitution).
The verdict may be sane, but insanity is not far below the surface. This case is dangerously similar to Obamacare being upheld because a judge told the defense to spin the infringement as a tax instead of penalty.
“I’m surprised anyone kept selling guns and ammo in Cook county.”
Cabelas is just inside the Cook County line. I did buy a couple used of guns that were very well priced even considering the stupid County tax. I figure Cook County owes me a couple hundred bucks. I intend to get it back.
L
Personally, I feel that no Leftist should be able to own guns since they are nearly universally responsible for massacres and gun violence.
But...I have to defer to the Constitution, which I hate doing, in this case, but to be consistent, I must.
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great news!
How are you reloading .22LR?
A simpler and more permanent solution would be to execute violent criminals. Publicly.
Also, I do hope you see how that can get turned around such that conservatives would be barred guns while nobody else would be.
Exactly right! Where’s my money back for buying ammo in Illinois?
The answer is to legalize open and concealed carry for all law abiding citizens.
More gun control is not the solution.
“I’m surprised anyone kept selling guns and ammo in Cook county.”
It killed Hoffman Estates Cabelas gun sales. 10 minutes away in the next county west is one of the biggest gun stores in midwest. They revel in former Cabelas customers!😀
“ Where’s my money back for buying ammo in Illinois?”
I say we found out how to do it.
L
You can’t call yourself a 2nd amendment die hard yet accept ANY restrictions.
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