Chicago Reinstates Gun and Ammunition Tax After Court Deems It Unconstitutional

[TrappedinCalifornia]

Chicago reinstates gun and ammunition tax after court deems it unconstitutional

The Cook County Board of Commissioners reinstated its firearm and ammunition tax after it was struck down by the Illinois Supreme Court in October.

During Thursday's board of commissioners meeting, members voted to approve an amendment to a previous ordinance dealing with how firearms and ammunition are taxed in order to comply with an Oct. 21 Illinois Supreme Court ruling...

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...

The case being referred to is... GUNS SAVE LIFE, INC., et al. v. ZAHRA ALI, Director of the Department of Revenue of Cook County, et al.

More details can be found in a Chicago Tribune piece linked to in the FOX News Report... Cook County guns and ammo tax, struck down by Illinois Supreme Court, is back on the books for now after Thursday board vote

...In a 12-2 vote, with three commissioners absent, the county board approved the amendment, which states all revenue from the firearm and ammunition tax must go toward programs or operations geared toward gun violence prevention. The passage follows an Oct. 21 ruling from the state’s highest court that found the levy was unconstitutional...

The board’s two Republican commissioners, Sean Morrison and Peter Silvestri, opposed the amendment. Before the vote, Morrison read a separate opinion from Illinois Supreme Court Justice Michael Burke that said, “The majority’s analysis wrongly leaves the door open for a municipality to enact a future tax on firearms or ammunition that is more narrowly tailored to the purpose of ameliorating the cost of gun violence.”

Burke also wrote, “The only problem with that approach is that it would still violate the Illinois Constitution.”...

Commissioner Larry Suffredin, a Democrat and vocal gun control advocate, brushed off Morrison’s warnings. He noted that Burke was acting as a “lone justice” when he issued his opinion against future taxes with a narrower focus.

“Commissioner Morrison tries to literally read a Supreme Court decision without understanding the interaction of the constitution,” Suffredin said. “We are well within the time frame that is allowed under the law. We are acting in good faith here.”

[rplaw]

They found weasel words and have turned them into a loophole that will result in another lawsuit which they will lose after spending a few hundred thousand in tax dollars defending it.

[ja308]

Judge Roy Bean once supposedly ripped a page out of a law book after a lawyer showed him the law.
He replied " Thats a damned poor law "

Its probably time elected republicans follow Chicago's lead and do what's right. Instead of following stupid laws, passed by those who will enslave us.

[Dan_Eastvale]

Judge Roy Bean and Sheriff Joe Arpaio are showcase Americans

[M1NM]

They found weasel words and have turned them into a loophole that will result in another lawsuit which they will lose after spending a few hundred thousand in tax dollars defending it.

They will use their own city/county lawyers. In the meantime they'll collect $1 on every box of centerfire ammo and 5.00 on a brick of 22 add the $25 per gun and the 2-3 year time frame and they'll be getting a lot of cash.

[ja308]

Judge Roy Bean and Sheriff Joe Arpaio are showcase Americans

Where did Joe Arpaio ignore a law ?

[NavCop]

Chicago's politicians know better than anyone else - that's why their city is such a paradise.

[aklon]

San Leandro has this law on the books even though they ran the last gun shop out of town ten years ago. While it was in effect, every pressure group in town was trying to get its hands on "the gun tax money."

That's what they called it and that's how they saw it, and if you think Chicago is going to spend any large part of this money on "gun crime victims" I have a bridge to sell you.

[TrappedinCalifornia]

San Leandro has this law on the books even though they ran the last gun shop out of town ten years ago. While it was in effect, every pressure group in town was trying to get its hands on "the gun tax money."

That's what they called it and that's how they saw it, and if you think Chicago is going to spend any large part of this money on "gun crime victims" I have a bridge to sell you.

From the Chicago Tribune piece in the OP...

Right now, they are simply attempting to do an end around on the decision by making it appear as though they are in compliance with it. But, just as California typically does, I'm sure that, sooner rather than later, it will be swept into their equivalent of a 'general fund' and there will be no determining what, exactly, it was spent on or whose pockets it made it to.

[p7m8jg]

Court decision clearly gave them the opening. Chicago just followed what the court said in their opinion.

[HibikiR]

How hard would it be for a watchdog group to monitor the proposed spending?

[Full Clip]

Can't let some pesky constitution written by a bunch of dead white men slow their agenda...

[Batman]

Wondering when the first lawyer will do a class action suit to get the money back for their clients that buy guns and ammo.

[dfletcher]

What was the purpose of filing suit against the ordinance as originally worded and operated if such an obvious and easily obtained work around was available to Chicago?

Substantial time, effort and money spent to overturn an ordinance that took no time, little effort and money to reinstate?

[DentonandSasquatchShow]

Contempt of court. The electric chair should do the trick.