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2021-10-25 -Land of the Free

Illinois Supreme Court Rules Tax On Guns & Ammo Unconstitutional

[ZeroHedge] 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.

Posted by DooDahMan 2021-10-25 00:00|| || Front Page|| [11131 views ] Top

#1 ....Don't be too encouraged. The Illinois Supremes left them a way out that even a Chicago pol can follow:

“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.”

It would take even a rookie Chicago alderman about five minutes to set up an utterly useless level of bureaucracy to cover the letter of the ruling. Not that a single dime of that money would ever reach anything resembling a worthy cause.

Mike

Posted by Mike Kozlowski 2021-10-25 06:01|| 2021-10-25 06:01|| Front Page Top

#2 If you live in Illinois and can't see clear to vote with your feet, at least use the window this ruling provides to stock up.

Posted by M. Murcek 2021-10-25 06:06|| 2021-10-25 06:06|| Front Page Top

#3 /\ Most residents have accept the fact that voting in Illinois is an exercise in futility. They choose to spend their time trying to figure out how to pay property taxes.

Posted by Besoeker 2021-10-25 07:07|| 2021-10-25 07:07|| Front Page Top

#4 ^ wonder how many will wake up one day and repeat what their ancestors did in Europe, abandon everything but what you can carry and set off for what opportunity they could find. Those who stayed behind got to experience European history good and hard.

Posted by Procopius2k 2021-10-25 07:40|| 2021-10-25 07:40|| Front Page Top

#5 Here I was thinkin all y'all didn't like Zero Hedge.

Posted by Skidmark 2021-10-25 09:02|| 2021-10-25 09:02|| Front Page Top

#6 All the worthwhile aggregators bring in opposing views. ZH has some real droolers but some sharp observers too. If you aren't looking at RealClear Politics and RCDefense every day, you are underinformed. Their headlines are often 180 degrees apart on many issues.

It's always a good idea to understand what your enemy is thinking. Or Buying from "pundits."

Posted by M. Murcek 2021-10-25 09:12|| 2021-10-25 09:12|| Front Page Top

#7 Here I was thinkin all y'all didn't like Zero Hedge.

I’m not keen on them, Skidmark, but from time to time... In this case their source was an Epoch Times article

Posted by trailing wife 2021-10-25 09:21|| 2021-10-25 09:21|| Front Page Top

#8 ZH has actually cleaned up a bit. They actually got Tom Luongo and Caitlin Johnstone to cone somewhat back down to earth or find out what it's like to not be published anywhere.

Posted by M. Murcek 2021-10-25 09:24|| 2021-10-25 09:24|| Front Page Top

#9 (slightly) OT: A blast from Alec Baldwin's past

Posted by Merrick Ferret 2021-10-25 09:30|| 2021-10-25 09:30|| Front Page Top

#10 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.

Like Mike K. noted earlier, they're just gonna clean it up a tad make another run at this in the next legislative session.

Posted by Raj 2021-10-25 09:50|| 2021-10-25 09:50|| Front Page Top

#11 Preckwinkle lost to Groot in the last Chiraq mayoral election. Will probably be the next mayor of Chiraq.

Posted by M. Murcek 2021-10-25 10:18|| 2021-10-25 10:18|| Front Page Top

#12 Gives new meaning to the nickle bullet.

So killing twenty of the opposing gang would cost you a buck. No problemo.

Accuracy of law-abiding shooters drops, they can't afford to practice as much.

The problem in IL is there is no punishment for criminals violating their extensive firearm ordinances, because "arrangements".

Posted by KBK 2021-10-25 11:21|| 2021-10-25 11:21|| Front Page Top

05:19 Gloluns Turkeyneck4904
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00:24 Skidmark
00:20 Grom the Affective
00:14 Grom the Affective