|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Today's Posts | Search |
|
Thread Tools | Search this Thread |
March 15, 2013, 04:51 PM | #1 | |
Senior Member
Join Date: June 18, 2012
Posts: 389
|
Lawsuit in Illinois re:Cook County’s $25 tax on firearms
http://www.suntimes.com/news/1885938...-firearms.html
I think they're challenging it as a prior restraint: Quote:
Not sure what this means though: The suit claims the tax infringes “on the right of law-abiding citizens to keep and bear, and law-abiding Retailers to sell, arms as guaranteed” by state and local constitutions |
|
March 15, 2013, 07:45 PM | #2 | ||
Staff
Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
|
Quote:
Quote:
__________________
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some. |
||
March 15, 2013, 08:29 PM | #3 |
Senior Member
Join Date: May 17, 2012
Posts: 228
|
I'm wondering if the pro-tax people will admit in court that the purpose is to limit the number of firearms. That alone will sink their tax.
|
March 15, 2013, 09:03 PM | #4 |
Senior Member
Join Date: November 23, 2009
Posts: 3,963
|
I don't know, a tax is a tax, the legislature has the right to levy taxes.
|
March 16, 2013, 01:07 AM | #5 | |
Senior Member
Join Date: July 26, 2005
Location: The Bluegrass
Posts: 9,142
|
The lawsuit is apparently analogizing special taxes on the Second Amendment to special taxes on the First Amendment. The Supreme Court has said special taxes (those not generally applicable) are unconstitutional unless there is an "overriding governmental interest." Minneapolis Star and Tribune Co. v. Minnesota Comm'r. of Rev., 460 U.S. 575 (1983) available at https://bulk.resource.org/courts.gov...5.81-1839.html.
In Part III of the opinion (paragraphs 16-17), the court said: Quote:
|
|
March 16, 2013, 01:54 AM | #6 |
Senior Member
Join Date: November 6, 2011
Location: Burien,WA
Posts: 897
|
IMHO, taxing firearms and ammo "to help stem gun violence" is like taxing water "to help stem wildfires".
__________________
Rugers:SR1911 CMD,MK 3 .22lr 6",Sec. Six '76 liberty .357 4",SRH .480 Ruger 7.5",Mini-14 188 5.56/.233 18.5", Marlins: 795 .22lr 16.5",30aw 30-30 20",Mossberg:Mav. 88 Tact. 12 ga, 18.5",ATR 100 .270 Win. 22",S&W:SW9VE 9mm 4",Springfield:XD .357sig 4", AKs:CAI PSL-54C, WASR 10/63, WW74,SLR-106c |
March 16, 2013, 06:50 AM | #7 |
Senior Member
Join Date: May 17, 2012
Posts: 228
|
They can levy taxes, but a specific tax on specific behaviors (especially fundamental rights) are a non-starter. A flat sales tax on firearms sales is OK, but an extra tax is not. Our society is a soft tyranny right now;the government doesn't (usually) take over industries, but with our complex tax code they can make people run it how they want.
|
March 16, 2013, 01:08 PM | #8 |
Senior Member
Join Date: May 28, 2004
Posts: 105
|
"They can levy taxes, but a specific tax on specific behaviors (especially fundamental rights) are a non-starter."
The government does this all the time as in alcohol and cigarettes specifically. The cost of a pack of cigarettes in Chicago is now $10 largely due to taxes. Ironically people still continue to smoke and even more ironically smoking seems to be more endemic to lower income groups. Personal I don't care about the $25 as long as they come out with some kind of conclusive tolerable legislative package that will remain in existence for five or 10 years. My concern is once we agree it to the $25 and the FOID card and the training class and background checks and this and that, there will be something new that we have to do. This is getting old already. |
|
|