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Related: About this forumIllinois Supreme Court tosses county tax on guns, ammunition
CHICAGO (AP) The Illinois Supreme Court ruled Thursday that Cook County taxes on guns and ammunition violate the state constitution because they "directly burden a law-abiding citizen's" second amendment right to buy the items for self-defense.
Supreme Court Justice Mary Jane Theis wrote in a 6-0 decision that the taxes violate the constitution's uniformity clause. She noted revenue from the tax isn't directed toward funds or programs to curb the costs of gun violence or reduce the violence.
Illinois' largest county approved the $25 tax on the retail purchase of a firearm within the county in 2012. In 2015, Cook County approved a tax ranging from 1 cent to 5 cents per cartridge of ammunition. Any person who doesn't pay the tax faces fines starting at $1,000.
A gun rights organization, Guns Save Life, sued, saying the tax violated the second amendment.
Supreme Court Justice Mary Jane Theis wrote in a 6-0 decision that the taxes violate the constitution's uniformity clause. She noted revenue from the tax isn't directed toward funds or programs to curb the costs of gun violence or reduce the violence.
Illinois' largest county approved the $25 tax on the retail purchase of a firearm within the county in 2012. In 2015, Cook County approved a tax ranging from 1 cent to 5 cents per cartridge of ammunition. Any person who doesn't pay the tax faces fines starting at $1,000.
A gun rights organization, Guns Save Life, sued, saying the tax violated the second amendment.
Read the rest at: https://www.chicagojournal.com/illinois-supreme-court-tosses-county-tax-on-guns-ammunition/
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Illinois Supreme Court tosses county tax on guns, ammunition (Original Post)
PoliticAverse
Oct 2021
OP
Since the tax was illegal, could people get their money back from the county?
oneshooter
Oct 2021
#2
Crazyleftie
(458 posts)1. this makes absolutely no sense
the logic of this "burden" essentially means nothing can be taxed......????
Decoy of Fenris
(1,954 posts)3. Nothing enumerated in the Bill of Rights, I'm guessing.
I.e.; You can't tax people unfairly for voting. Not that America hasn't tried that before.
I'd bet that this will hold up in almost any other court, as it should; You can't place hefty taxes on exercising a right.
PoliticAverse
(26,366 posts)4. Else Republicans would place a heavy tax on each abortion. n/t
Last edited Sun Oct 24, 2021, 06:10 PM - Edit history (1)
Dial H For Hero
(2,971 posts)5. Exactly so. You can't tax a constitutional right out of existence.
The number of people who take Chris Rock's joke about taxing bullets at $5,000 apiece seriously aside.
discntnt_irny_srcsm
(18,576 posts)6. Can we make the $5k tax retroactive for police?
Maybe the money can go to those wrongly shot by cops.
yagotme
(3,816 posts)7. Problem with your plan, the "police" don't buy the ammo,
You and I do.
oneshooter
(8,614 posts)2. Since the tax was illegal, could people get their money back from the county?
Last edited Sun Oct 24, 2021, 05:18 AM - Edit history (1)
As long as they had proper documentation, of course.