Cook County's (Chicago) gun and ammunition taxes shot down by IL Supreme Court.

[former9thward]

Cook County’s gun, ammunition taxes shot down because they ‘burden a law-abiding citizen’s right to acquire a firearm’


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.


https://chicago.suntimes.com/politics/2021/10/21/22739075/cook-county-gun-ammunition-taxes-illinois-state-supreme-court-theis-preckwinkle

This was a 6-0 decision where Democrats dominate the state supreme court.

[maxsolomon]

1. So basically, Cook County is unable to stem the tide of guns into their jurisdiction

or even mitigate the cost that gun mayhem imposes.

Then they're blamed for not stopping the gun violence.

[jimfields33]

2. They need to change the state constitution

Shouldn’t be hard. The whole state is blue except the bottom of the state.

[Igel]

13. They didn't say that.

They said that Cook County couldn't use *this* means with these conditions and constraints.

Perhaps if they narrowly tailored the revenues to specific programs they could sway 4 judges? But they didn't.

Notice that this also doesn't "stem the tide of guns". Most guns used are illegally owned. They can't be sold. Meaning most guns owned by criminals wind up being obtained illegally--from out of the county, from out of state, or just from private citizens or smugglers. The tax wouldn't address that.

And if the tax prevented felons or those not authorized to possess guns from purchasing ammo, the same black market would magically appear. (Because jobs are created by demand, right?)

So it's a two-fer. It fails one test and doesn't accomplish its primary goal.

[greenjar_01]

3. Party at OP's Place!!!

[PBC_Democrat]

4. A Unanimous Decision from a Democratic Dominated Court is a Clear Message

In a statement, a spokesman for Cook County Board President Toni Preckwinkle --- "We continue to maintain that the cost of a bullet should reflect, even if just a little bit, the cost of the violence that ultimately is not possible without the bullet. We are committed to protecting County residents from the plague of gun violence with or without this tax.”

That's analogous to wanting to tax cars because they are an essential part of the cost of treating drunk driving accident injuries.

The problem doesn't start with guns, it starts with a poor education system leading to a lack of decent employment
opportunities coupled with gangs and drug activity.

[maxsolomon]

9. Vehicle insurance premiums reflect that danger

and vehicle insurance is mandatory. Not sure it's precisely analogous.

Your analysis of the problem's start is a recipe for inaction. Systemic change like that takes decades, if it is even possible. You might as well be calling for "better access to Mental Health treatment" to combat gun suicides. GQP White America is never going to fund that.

Guns, illegal or illegal, have saturated these underprivileged communities, and the higher the per Capita gun density, the greater the odds a shooting occurs. Lower the density; less shootings.

[Igel]

12. So you understand it.

Private insurance that's required, with the premiums set by private companies, are not state taxes.

This is a restriction on state taxes or taxes issued under the state's authority or delegated authority to local jurisdictions.

It's not any more precisely analogous than pizza is to tongue-eating isopods.

Corporations and government being so closely in bed together (with unions in the mix) was a hallmark of Nazi Germany. We don't want to go there. And, for the most part, haven't.

[Amishman]

14. unfortunately, gunz have an express constitutional protection, so this isn't like other property

For better or worse, gunz get extra protections.

Thankfully we do have scotus approval of reasonable restrictions, so we just have to find other ways to restrict and control, with out it coming across as a punitive obstacle to those who do want them.

[maxsolomon]

17. "For better or worse".

Why is it always worse?

[Hoyt]

5. I think the DU Gungeon was celebrating this last week. One even posted

a photo of his pistol wishlist.

[Dial H For Hero]

8. I just checked, there's no such photo posted in the last month.

Mind you, if you can show me a link to it I will acknowledge my error without hesitation.

[Hoyt]

10. It's your post, Hero. Your coveted 1911.

[Dial H For Hero]

11. Link?

[maxrandb]

6. Easy! Don't tax them

Just set up a private vigilanty scheme where average citizens can sue any store that sells guns or ammunition that is used to harm anyone for $10,000.

No exemption for self defense, or stand your ground, of course.

[Dial H For Hero]

7. The Firearms Policy Coalition (a pro-gun rights group) has actually joined pro-choice groups

in opposing the recent anti-choice law in Texas.

[madville]

15. No different than applying a tax to voting

It only makes it harder on poor people which violates equal protection clauses in US and many state constitutions.

[Devil Child]

16. Good n/t