Illinois Supreme Court Rules Tax on Guns and Ammo Unconstitutional

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The Illinois Supreme Court ruled on Oct. 21 that two taxes on guns and ammunition in Cook County violate the stateโ€™s constitution because they affect law-abiding citizensโ€™ Second Amendment right to acquire firearms for self-defense.

Supreme Court Justice Mary Jane Theis wrote in a 6โ€“0 decision that the taxes violate the constitutionโ€™s uniformity clause, while also pointing out that the revenue from the generated tax isnโ€™t directed toward funds or programs that reduce gun violence.

โ€œWhile the taxes do not directly burden a law-abiding citizenโ€™s right to use a firearm for self-defense, they do directly burden a law-abiding citizenโ€™s right to acquire a firearm and the necessary ammunition for self-defense,โ€ Theis wrote in a 14-page opinion (pdf) filed on Thursday.

โ€œUnder 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,โ€ she noted. โ€œAdditionally, nothing in the ordinance indicates that the proceeds generated from the ammunition tax must be specifically directed to initiatives aimed at reducing gun violence.โ€

The justice concluded that the case will be remanded to the circuit court โ€œfor entry of summary judgment in favor of plaintiffs.โ€

In 2012, the Cook County Board of Commissioners approved a $25 tax on the retail purchase of a firearm within the county. The countyโ€™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.

Byย Lorenz Duchamps

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