2a tax not constitutional

manifest destiny

Sharpshooter
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Jul 7, 2021
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I read it. Maybe my definition of willy-nilly is different than yours. Words can mean anything you want them to nowadays. So if your willy-nilly is different, we're both right.
 

WebSnyper

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Jul 3, 2010
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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.
Or maybe refund the people who actually paid it? I'm sick of redistribution of wealth being hidden. Call it what it is.
 

WebSnyper

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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.
Agreed. I don't get how an unconstitutional tax is spent matters in the unconstitutional part of the equation.
 

Methane Herder

Sharpshooter
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Jan 17, 2013
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Make the offending Democratic and/or Republican National Committees (who championed the sock puppets who passed the tax) pay a refund to everyone affected by the tax.

MH
 

xwing

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Apr 11, 2012
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What contempt? They did what the court told them to do.
I read the court ruling. The "change one word and make the same law" is a pretty fast and loose interpretation. I expect them to be back in court on it (though it may take years again). But of course, since the taxpayers are the ones paying for it, Chicago has no incentive to follow the court's ruling, and every incentive to make the anti-gun leftists happy.
 

KLB

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Sep 12, 2011
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I read the court ruling. The "change one word and make the same law" is a pretty fast and loose interpretation. I expect them to be back in court on it (though it may take years again). But of course, since the taxpayers are the ones paying for it, Chicago has no incentive to follow the court's ruling, and every incentive to make the anti-gun leftists happy.
Is it?

¶ 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.
It seems pretty clear to me that is exactly what the judge said.

The only chance the residents will probably be to get it to the USSC and see if they will overturn it.
 

Prowler1

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Dec 24, 2016
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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.
I wish Illinois was the only state affected by C, northwest Indiana has the sickness from the spillover.
 

04FXSTS

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Dec 31, 2010
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GUNS SAVE LIFE has been back in court asking for an injuction to prevent Cook county collecting this tax untill they can get back into court. Jim.
 
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