2a tax not constitutional

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  • Rating - 0%
    0   0   0
    Jul 7, 2021
    2,626
    113
    central indiana
    So, what happens to the "illegally obtained" revenue collected from the unconstitutional "law"?
    Good question! I'm sure the people won't get the stolen money back. I am curious how much was collected though. I still believe Illinois is the armpit of the midwest. Apologies to any good Illini out there. Weird how two cities, Peoria and the one that starts with a C but makes a SH sound, can wreck a whole state.
     

    Mgderf

    Grandmaster
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    43   0   0
    May 30, 2009
    17,877
    113
    Lafayette
    The state should be required to pay restitution in the exact amount of the ill-gotten gains, and the funds should be put to some good use for the citizens of Illinois.
    Maybe put the funds toward election integrity.
     

    04FXSTS

    Master
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    0   0   0
    Dec 31, 2010
    1,789
    129
    Eugene
    "The trade group and gun-rights organization, Guns Save Life, challenged both taxes in a lawsuit against the county, saying they violate the Second Amendment rights of law-abiding citizens."

    I have been a proud member of "Guns Save Life" for many years, two years as Regional Director and just ended four years on Board of Directors. I don't understand the "trade group" reference, we are a real "grass roots" 2A organization.
    Through the courts is pretty much the only way those still in Hellannoy manage to advance any good gun laws. It was the same with the concealed carry law, it was only passed because of a court order. I lived there for 73 years before moving to the great state of Indiana. We moved out when we realized that state is a lost cause. Jim.
     

    JEBland

    INGO's least subtle Alphabet agency taskforce spy
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    9   0   0
    Oct 24, 2020
    1,976
    113
    South of you
    Rhetorical question: Isn't there a federal tax on firearms?

    And then that little thing called NFA blackmail TAX! Would that void the unconstitutional NFA?

    Sales tax on second amendment items?
    Non-rhetorical answer.

    The article specifically mentions a uniformity clause issue. Basically, it's illegal to have that tax on just one county but it wouldn't necessarily be unconstitutional on the same grounds to have it statewide if those funds were spent on something related to firearms; for example, NJ has a tax on ammo, hunting clothing, etc, and the funds are supposed to go to hunter education, public land for hunting and state-owned ranges so anyone can enjoy shooting and hunting... But I don't know if anyone keeps them honest on that. I can say that I did receive free hunter education materials and a free set of hunter safety exams when I lived there.
     

    KLB

    Grandmaster
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    5   0   0
    Sep 12, 2011
    23,003
    77
    Porter County
    This will get rewritten and re-instituted. It wasn't a 2A win. It was just a temporary bump.

    ¶ 37 In applying that standard to the firearm and ammunition taxes, we recognize that the uniformity clause was “not designed as a straitjacket” for the County (Arangold, 204 Ill. 2d at 153) and acknowledge the costs that gun violence imposes on society. Nevertheless, the relationship between the tax classification and the use of the tax proceeds is not sufficiently tied to the stated objective of ameliorating those costs.

    ¶ 38 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. Additionally, nothing in the ordinance indicates that the proceeds generated from the ammunition tax must be specifically directed to initiatives aimed at reducing gun violence. Thus, we hold the tax ordinances are unconstitutional under the uniformity clause.

    ¶ 39 Since our holding disposes of this case, additional challenges to the ordinances.

    ¶ 40 CONCLUSION

    ¶ 41 In sum, for the foregoing reasons, we hold that to satisfy scrutiny under a uniformity challenge, where a tax classification directly bears on a fundamental right, the government must establish that the tax classification is substantially related to the object of the legislation. Under that level of scrutiny, the firearm and ammunition tax ordinances violate the uniformity clause. Accordingly, we reverse the summary judgment entered in favor of defendants and remand to the circuit court for entry of summary judgment in favor of plaintiffs.
     
    Rating - 0%
    0   0   0
    Jul 7, 2021
    2,626
    113
    central indiana
    I can't look at a unanimous 6-0 ruling that says ~ you can't tax guns and ammo willy-nilly, and not see a win. Sure, tax won't be returned. The effort to curtail unalienable rights will continue. IL will continue to be on my chit list. But for this moment, in IL, I'll accept this as a win.
     

    actaeon277

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    4   0   0
    Nov 20, 2011
    92,860
    113
    Merrillville
    Rhetorical question: Isn't there a federal tax on firearms?

    And then that little thing called NFA blackmail TAX! Would that void the unconstitutional NFA?

    Sales tax on second amendment items?

    I believe the NFA tax is an "end around", and is trying to regulate firearms without saying out loud that they are regulating firearms.
    Therefore, I disagree with it.

    As for the sales tax, if you have a sales tax, and it applies equally, well, then at least there is that.
     

    indykid

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    4   0   0
    Jan 27, 2008
    11,859
    113
    Westfield
    Totally agree that a tax on firearms in the NFA is a total end around the constitution. Same as import laws banning certain firearms by name and end around the supreme law of the land.

    And unfortunately Supreme Court Justice Roberts affirmed that a tax can be used as a penalty, so thru his rewrite of obama-care, he made the NFA tax "legal"
     

    KLB

    Grandmaster
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    5   0   0
    Sep 12, 2011
    23,003
    77
    Porter County
    I can't look at a unanimous 6-0 ruling that says ~ you can't tax guns and ammo willy-nilly, and not see a win. Sure, tax won't be returned. The effort to curtail unalienable rights will continue. IL will continue to be on my chit list. But for this moment, in IL, I'll accept this as a win.
    Read the decision. That is not really what it said. What is says is you can't tax them and just spend the money anywhere. All they have to do is put in a provision that the money be spent specifically on something "related" to guns(crime prevention, medical expenses, etc). From what I posted up thread.

    Nevertheless, the relationship between the tax classification and the use of the tax proceeds is not sufficiently tied to the stated objective of ameliorating those costs.
     
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