Posted on 11/08/2021 4:16:49 AM PST by marktwain
On November 9, 2012, Cook County Illinois created a special tax on guns. On November 18, 2015, the County board added a tax on ammunition. At the time, this correspondent believed the tax to be unconstitutional on its face. So did the Illinois Advocacy Group for Second Amendment rights, Guns Save Lives. They filed a lawsuit, challenging the tax law, on December 17, 2015.
The lower courts in Illinois did not agree. They did not find a problem with the taxes. Guns Save Lives appealed to the Illinois Supreme Court. The case was decided on October 21, 2021. The decision was unanimous, 6-0. Chief Justice Anne M. Burke did not take part in the decision. The judges ruled the taxes to be unconstitutional, but the majority decision was a narrow ruling based on tax law instead of the Second Amendment or the Illinois State Constitution. From sj-r.com:
The Cook County gun tax, which took effect in April 2013, imposed a $25 fee for retail gun purchases in the county, as well as a 5 cent fee per cartridge of centerfire ammunition and 1 cent per cartridge fee for rimfire ammunition.
The taxes were challenged by the trade group Guns Save Life Inc. in a lawsuit against the county.
The Supreme Court’s Thursday opinion, written by Justice Mary Jane Theis, stated that, “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.”
The majority opinion held that under the Illinois Constitution, taxing power and regulatory power are separate. They held, under Illinois law, taxing is not regulation.
(Excerpt) Read more at ammoland.com ...
It will be back in court, I assume.
Each person that was separated from their money must be given $450,000.
If only the U.S. Supreme Court could have made this sort of ruling in 1934.
“The Cook County Tax has been re-instated, with the proceeds going to combat “gun violence”.”
Instead of combating gun violence they need to figure out why people in Cook county are so determined to murder each other and do something about that. Then the gun violence thing will fix itself.
I have a feeling those murdering each other are exempt from the gun tax.
Did you see this from yesterday?
https://freerepublic.com/focus/f-news/4010604/posts
“Court order? Pfffttttt! We’re democommies and we do what we want.”
As a resident of the far, far, FAR Southwest suburbs of C(r)ook County, you're slightly off the mark.
The "gun violence" problem is concentrated in three to five neighborhoods in Shitcago.
If we're going to build walls to protect people from crime and invasion, might I suggest one big, electrified wall around Shitcago and let them stupid bastards all kill each other.
Problem solved.
We don't want those hood rats infecting the rest of the state.
Thank you Illinois Supreme Court...
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