IL Supreme Court Strikes Down Gun
and Ammo Tax As Unconstitutional

By Dean Weingarten. Nov 10 2021

On November 9, 2012, Cook County Illinois created a special tax on guns. On November 18, 2015, the County board added a tax on ammunition. At the time, this correspondent believed the tax to be unconstitutional on its face. So did the Illinois Advocacy Group for Second Amendment rights, Guns Save Lives. They filed a lawsuit, challenging the tax law, on December 17, 2015.

The lower courts in Illinois did not agree. They did not find a problem with the taxes. Guns Save Lives appealed to the Illinois Supreme Court. The case was decided on October 21, 2021. The decision was unanimous, 6-0. Chief Justice Anne M. Burke did not take part in the decision. The judges ruled the taxes to be unconstitutional, but the majority decision was a narrow ruling based on tax law instead of the Second Amendment or the Illinois State Constitution. From

The Cook County gun tax, which took effect in April 2013, imposed a $25 fee for retail gun purchases in the county, as well as a 5 cent fee per cartridge of centerfire ammunition and 1 cent per cartridge fee for rimfire ammunition.

The taxes were challenged by the trade group Guns Save Life Inc. in a lawsuit against the county.

The Supreme Court’s Thursday opinion, written by Justice Mary Jane Theis, stated that, “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.” .....

This was a needed and justifiable win for gun owners - Cook County having, as so many times, shown its near contempt for the Second Amendment.
(We join the Marines in celebration of their 246th birthday.)


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