Tvandermyde Posted January 24, 2022 at 04:25 PM Share Posted January 24, 2022 at 04:25 PM 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 homerule 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. Link to comment Share on other sites More sharing options...
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