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Tipsheet

ICYMI: That Gun Tax the IL Supreme Court Shot Down Was Reinstated

ICYMI: That Gun Tax the IL Supreme Court Shot Down Was Reinstated
AP Photo/Keith Srakocic

Cook County, Illinois, tried to impose a gun tax. Yes, that's routine policymaking for a deep blue state. They hate the Second Amendment. They hate people who own guns. They think law-abiding citizens are the enemy. It's ass-backward, but that's the left. In October, this tax was rightfully shot down as unconstitutional by the Illinois Supreme Court for being too burdensome and an infringement on the right to own firearms (via Chicago Sun-Times): 

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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 in an opinion filed Thursday 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.

Earlier this month, the gun tax was reinstated—this time, it was written to comply with the court's ruling (via Fox News): 

The Oct. 21 opinion struck down the tax because it impeded on citizen's Second Amendment rights. However, Illinois Supreme Court Justice Mary Jane Theis said in the court's opinion that any tax on fundamental rights must "establish that the tax classification is substantially related to the object of the legislation."

The new amendment passed by the board of commissioners directs revenue raised from the tax to a new "Special Purpose Equity Fund to fund gun violence prevention programs." Revenue from the tax will also go to "operations and programs aimed at reducing gun violence."

[…]

Under the ordinance, retail purchases are subject to a $25 tax for each firearm purchased. Centerfire ammunition is taxed at $0.05 per cartridge, and rimfire ammunition is taxed at $0.01 per cartridge.

The board voted to tax firearms in 2012 and amended the tax in 2015 to include ammunition.

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Related:

SECOND AMENDMENT

They'll soon start slapping taxes on what types of speech they might find disagreeable. They'll try anything. They'll do anything. This is the Democratic Party. 

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