Gun Tax Unconstitutional - The Cook County Board of Commissioners reinstated the firearms and ammunition tax after it was struck down by the Illinois Supreme Court in October.
At Thursday's Board of Commissioners meeting, members voted to approve an amendment to an earlier law dealing with how firearms and ammunition are taxed to comply with an Oct. 21 Illinois Supreme Court ruling.
Gun Tax Unconstitutional
The October 21 opinion repealed the tax because it interfered with citizens' Second Amendment rights. But Illinois Supreme Court Justice Mary Jane Theis said in the court's opinion that any basic rights tax must "show that the tax classification is substantially related to the subject matter of the legislative act."
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The new amendment approved by the Board of Commissioners directs revenue from the tax to a Special Purpose Equity Fund to fund Gun Violence Prevention Programs. The tax revenue will also go to "businesses and programs aimed at reducing gun violence."
Under the ordinance, retail purchases are subject to a $25 tax on each gun purchased. Centerfire ammo is taxed at $0.05 per round and rimfire ammo is taxed at $0.01 per round.
According to the Chicago Tribune, Cook County Board President Tony Preckwinkel believes revisions to the law will align with the court's opinion.
"The cost of the bullet, even if it is small, must reflect the cost of the violence that ultimately cannot be achieved without the bullet," Preckwinkel said.
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Adam Sabes is a writer for Fox News Digital. Story tips can be sent to Adam.Sabes@fox.com and on Twitter @asabes10. Judge Ryan Nelson wrote, "America would not exist without the heroism of the young men who fought and died in our Revolutionary Army."
The Gun Policy Coalition, which brought the case, says the ruling makes them optimistic that other age-based gun bans will be overturned. | Keith Srakocic/AP Photo
LOS ANGELES - A US appeals court ruled Wednesday that California's ban on the sale of semi-automatic weapons to adults under 21 is unconstitutional.
In a 2-1 decision, a panel of the U.S. Ninth Circuit Court of Appeals, based in San Francisco, said Wednesday that the law violated the Second Amendment right to bear arms and a San Diego judge should have blocked what he called "almost complete ban on semi-automatic centerfires" for youth.
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Judge Ryan Nelson wrote, "America would not exist without the heroism of the young men who fought and died in our Revolutionary Army." "Today we reaffirm that our Constitution continues to protect the right that enabled them to make their sacrifice: the right of young men to keep and bear arms."
The Gun Policy Coalition, which brought the case, said the ruling makes it hopeful that age-based gun bans will be overturned in other courts.
They sought to prevent the state from requiring a hunting license for the purchase of rifles or shotguns by adults under 21 who are not in the military or law enforcement.
Gun sales to people under 21 were already banned when the hunting license requirement was passed in 2018 after some of the nation's worst mass shootings by young people with guns, including the Valentine's Day killings at Marjory Stoneman Douglas High School . in Parkland, Florida.
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In 2019, the state passed an additional law prohibiting the sale of centerfire semi-automatic rifles to persons under 21 years of age. There were exceptions for police or military forces but not for those with hunting licenses.
Matthew Jones, 20 at the time of Santee in San Diego County, was the lead plaintiff in the case. He said he wanted a gun for self-defense and other legitimate purposes, but he didn't want a hunting license.
His lawsuit, which was filed before minors banned semiautomatic weapons, has been amended to challenge that law and the hunting license requirements.
The lawsuit said the state had "reduced (the) unenforceable and irrelevant 'exception' to the hunting license - the only possible exception even for a normal, law-abiding young adult who does not wish to embark on a very dangerous career in law enforcement or the military—by banning an entire class of firearms.”
Robert Aragon, Et Al. V. Governor Michelle Lujan Grisham, Et Al.
The two justices who made the majority decision were part of a wave of conservative-backed President Donald Trump nominees to the court's famously liberal court.
U.S. District Judge Sidney Stein, who was appointed to the panel by the Southern District of New York, wrote the dissent. Stein was nominated to the lower court by President Bill Clinton.
Democratic Sen. Anthony Portantino of La Cañada Flintridge, who authored both bills, said he was disappointed by the semi-automatic repeal of the ban, but pleased that the hunting license requirement remained.
"I remain committed to keeping deadly weapons out of the wrong hands," Portantino said. "Student safety on our campuses is something we all need to rally around, and common sense gun control is part of that solution."
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Attorney General Rob Ponta's office said it is reviewing the decision. In a statement, a spokesman said he was committed to "defending common sense California gun laws." Americans may be divided over the necessity and effectiveness of gun control, but it's hard for anyone to deny that the health care costs for victims of gun violence are real.
State and local governments must spend a significant amount of tax dollars on law enforcement, ambulance services and more, which can cut deeply into the budget and leave less money for other important government services.
When a state or locality proposes a new tax on firearms and ammunition to offset some of the costs caused by gun violence, the opposition argues that the measure violates the Second Amendment. The question is whether this is true.
According to a June report by a government official, initial hospital costs for those injured by a gun exceeded $1 billion in 2019. 50% of those costs go to Medicaid, according to the United Nations General Assembly report. However, the initial hospital costs of shooting victims are not the whole story.
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The report acknowledges that costs rise when other external costs associated with firearm injuries are taken into account. However, no figures were available for these additional costs.
The report identifies these costs to include physician fees for inpatient care, which are billed separately from hospital fees, and costs associated with post-discharge care. These include behavioral health services for victims and those affected by the accident, including family members and other witnesses. skilled nursing facilities or home health care for victims; rehabilitation services; durable medical equipment for victims who require wheelchairs or prostheses; and other long-term services such as personal care providers.
Although no data is available, it is probably safe to assume that the lion's share of these costs also falls on Medicaid.
Interestingly, although firearm ownership is considered a fundamental right under the Second Amendment, that right is not one that, if taxed or regulated, would lead to the same scrutiny as marriage and voting.
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United State. The Supreme Court's decision definitively defined what the Second Amendment right to “keep and bear arms” means—the right of a qualified person to own a firearm for the protection of their home and self-defense.
A court has overturned a District of Columbia gun ordinance that prohibited a law-abiding gun owner from keeping a gun in his home to defend his home and person.
However, the Court cautioned, like all other rights, the Second Amendment has its limitations. As evidenced by a long line of court cases and legal commentators stretching back to the founding period, the Court has said that the vested right does not extend to "the right to keep and bear arms in any manner and for any purpose." noting that courts upheld it in the ninth century The Tenth ordinarily bars state laws prohibiting the carrying of concealed weapons against appeals under the Second Amendment or state analogs. The court went on to say that "longstanding" regulatory prohibitions are "presumptively lawful," such as felons or the insane possessing firearms, laws prohibiting the use of guns in schools or government buildings, and laws imposing "conditions and qualifications" for commercial purposes. sale.
The federal government has taxed the sale of guns and ammunition by manufacturers, producers, and importers since 1919, a fact that remains true to this day. Tax revenue — levied at 10 percent on handguns and 11 percent on long guns and ammunition — has supported the state's wildlife and restoration efforts since 1937.
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The National Firearms Act, passed in 1934, taxed the carry of automatic rifles, silencers and shotguns, the type of weapon favored by organized crime, and state firearms and ammunition tax laws are even older.
Beginning in the mid-19th century, at least nine states and territories have taxed people who owned, carried, or used firearms. Some states granted tax exemptions, such as for military weapons, and one state imposed the tax more gradually. , providing an exemption for a person's first three guns and taxing each additional gun they own. The proceeds from these taxes were used for a variety of purposes, including funding county administration and infrastructure, or deposited into the general fund.
Other states tax manufacturers and sellers of ammunition that has been used in similar uses. Since 1937, Tennessee's state ammunition tax, paid by distributors and sellers, has been deposited into a fund designated for the Department of Wildlife.
The second amendment applies
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