Illinois Supreme Court Rules Unconstitutional Tax on Guns and Ammo

Pistols are offered for merchantability astatine Freddie Bear Sports successful Tinley Park, Illinois, connected Oct. 18, 2012. (Scott Olson/Getty Images)

The Illinois Supreme Court ruled connected Oct. 21 that 2 taxes connected guns and ammunition successful Cook County interruption the state’s constitution due to the fact that they impact law-abiding citizens’ Second Amendment close to get firearms for self-defense.

Supreme Court Justice Mary Jane Theis wrote successful a 6–0 determination that the taxes interruption the constitution’s uniformity clause, portion besides pointing out that the gross from the generated taxation isn’t directed toward funds oregon programs that trim weapon violence.

“While the taxes bash not straight load a law-abiding citizen’s close to usage a firearm for self-defense, they bash straight load a law-abiding citizen’s close to get a firearm and the indispensable ammunition for self-defense,” Theis wrote successful a 14-page sentiment (pdf) filed connected Thursday.

“Under the plain connection of the ordinances, the gross generated from the firearm taxation is not directed to immoderate money oregon programme specifically related to curbing the outgo of weapon violence,” she noted. “Additionally, thing successful the ordinance indicates that the proceeds generated from the ammunition taxation indispensable beryllium specifically directed to initiatives aimed astatine reducing weapon violence.”

The justness concluded that the lawsuit volition beryllium remanded to the circuit tribunal “for introduction of summary judgement successful favour of plaintiffs.”

In 2012, the Cook County Board of Commissioners approved a $25 taxation connected the retail acquisition of a firearm wrong the county. The county’s Firearm Tax Ordinance was enacted successful April 2013.

A abstracted region taxation was enacted successful 2015, which added $0.05 per cartridge for centerfire ammunition and $0.01 per cartridge for rimfire ammunition. Americans who neglect to wage those taxes are taxable to a $1,000 good for the archetypal discourtesy and a $2,000 good for consequent offenses.

The commercialized radical and gun-rights organization, Guns Save Life, challenged some taxes successful a suit against the county, saying they interruption the Second Amendment rights of law-abiding citizens.

A spokesperson for Cook County President Toni Preckwinkle said connected Thursday they are disappointed successful the ruling and volition enactment to find the adjacent steps.

From NTD News