hope not a repost
if this is better posted elsewhere, mods please move.
dunno what this may do to Pittman-Robertson act???
Gun, ammunition taxes ruled unconstitutional by Ill Supreme Court
chicago.suntimes.com
Two Cook County taxes targeting firearms and ammunition are in jeopardy after the Illinois Supreme Court found they violate the state constitution.
In a 6-0 decision, Supreme Court Justice Mary Jane Theis wrote the county's firearm and ammunition tax ordinances violate the constitution's uniformity clause, and the taxes "impose a burden on the exercise of a fundamental right protected by the second amendment."
"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.
"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 wrote. "Thus, we hold the tax ordinances are unconstitutional under the uniformity clause."
That opinion, in the case of non-profit Guns Save Life Inc. versus Cook County, the county's director of the department of revenue, Cook County Sheriff Tom Dart, partially reverses decisions from the Cook County Circuit and state appellate courts that upheld the taxes and sends the case back to the circuit court for summary judgment in favor of the non-profit.
if this is better posted elsewhere, mods please move.
dunno what this may do to Pittman-Robertson act???
Gun, ammunition taxes ruled unconstitutional by Ill Supreme Court
chicago.suntimes.com
Two Cook County taxes targeting firearms and ammunition are in jeopardy after the Illinois Supreme Court found they violate the state constitution.
In a 6-0 decision, Supreme Court Justice Mary Jane Theis wrote the county's firearm and ammunition tax ordinances violate the constitution's uniformity clause, and the taxes "impose a burden on the exercise of a fundamental right protected by the second amendment."
"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.
"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 wrote. "Thus, we hold the tax ordinances are unconstitutional under the uniformity clause."
That opinion, in the case of non-profit Guns Save Life Inc. versus Cook County, the county's director of the department of revenue, Cook County Sheriff Tom Dart, partially reverses decisions from the Cook County Circuit and state appellate courts that upheld the taxes and sends the case back to the circuit court for summary judgment in favor of the non-profit.
