GSL vs Crook County -- gun & ammo tax

[Tvandermyde]

Back in October we won the GSL case on Crook County ammo tax. Unknown to most of us non-lawyers, there is this 23 day thing where the decision isn’t final till it goes through some process and is kicked back to the lower courts and this takes about 23 days. In that time the decision I guess isn’t “final”.

The Court left open a small window on how the tax money could be spent which lead to the special concurring opinion from Justice Michael Burke --

“Moreover, even if the statutes mentioned by the County did intend to specifically preserve for home rule units the power to tax handguns in the manner under consideration here, that would not show that the framers of our constitution intended to authorize a home[1]rule unit’s discriminatory taxation of firearms, where the text of that constitution clearly prohibits taxation that infringes on the right to keep and bear arms.

 

Again, I believe that 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. The only problem with that approach is that it would still violate the Illinois Constitution.”

 

After Crook County reimposed the tax in attempting to thread the needle that the Court eluded to, we filed a petition for rehearing. Earlier this month, the Court noticed that a decision on that could be coming down today. 7 cases on petitions for rehearing were listed on that notice.

 

This morning, the order came out with 6 of the 7 cases denied. Ours was not one of them. But they have not decided the GSL case as of yet. So more waiting. The fact that they did not deny it lends a bit of hope that we get a second bite at the apple.

[MagSlap]

Sic em!!

[Sweeper13]

Thanks for the update.

[ealcala31]

That is great news. I hate paying both taxes every month. I called my CC Commissioner John Daley and it was a waste of time. I still had to call anyway, I wasn't going to let him off that easy.

Edited January 24, 2022 at 05:57 PM by ealcala31

[Silhouette]

The petition for a rehearing at the IL Supreme Court has been denied.

https://www.illinoiscourts.gov/resources/6d09d89a-be51-4656-9e1e-f19393bb8b0e/file

 

 

[ealcala31]

Cook County Wins The War...

[mab22]

So which appeal was denied, the counties?
 

[2A4Cook]

On 3/21/2022 at 10:32 PM, mab22 said:

So which appeal was denied, the counties?
 

GSL's petition for rehearing was denied.  The new, "improved" county tax stands.

[solareclipse2]

On 3/21/2022 at 10:44 PM, 2A4Cook said:

GSL's petition for rehearing was denied.  The new, "improved" county tax stands.

 

This is why I won't buy ammo in Cook county or in state if at all possible. Just bought a stack of ammo at Cabela's and a bunch online and was better off for it. 

[2A4Cook]

I firmly believe that the majority rigged the wording of its decision to give Taxwinkle that opening, denied a rehearing, and left the plaintiff no option but to file a new suit.  Foxx's fine folks will move to dismiss based on Res Judicata, and depending on the judge, it will go one way or the other, and the games begin again.  I hope GSL sues again, but it's an expensive battle.  The pro-Dem corruption and bias in this state and its courts are nauseating.  They know damned well that its tax is unconstitutional, but they don't care, because they can get away with it, just as they know that their handgun magazine limit ordinance is preempted but they refuse to repeal it.  I have little faith that the majority of Illinois sheeple will wake the heck up and stop voting for D's, so it ain't gonna get any better without some sane 2A rulings coming from the SCOTUS.

Edited March 22, 2022 at 01:56 PM by 2A4Cook

[mab22]

On 3/21/2022 at 10:44 PM, 2A4Cook said:

GSL's petition for rehearing was denied.  The new, "improved" county tax stands.

One of the justices actually laid out how they could redo the tax and it would still fail, at least there is an instructions on how it fails. 
Could they take it to federal court?
 

[Euler]

On 3/24/2022 at 5:07 PM, mab22 said:

One of the justices actually laid out how they could redo the tax and it would still fail, at least there is an instructions on how it fails. 
Could they take it to federal court?

 

The US Supreme Court would be the next stop.

[Molly B.]

Filed this past June 29, 2022:

 

Quote

6. Given the Supreme Court’s specific directions here, Brown requires this Court to enter an order granting summary judgment in favor of Plaintiffs, declaring the Second Amendment Tax unconstitutional under the Uniformity Clause, and enjoining Defendants and their officers, agents, and employees from enforcing the Tax.

WHEREFORE, Plaintiffs respectfully request that the Court enter summary judgment for Plaintiffs pursuant to Section 2-1005 and the Illinois Supreme Court’s mandate.

 

Plaintiff's Motion for Entry of Summary Judgment - FILED (002).pdf