(The Center Square) – Cook County’s tax on guns and ammunition is still in place, but a case alleging the ordinance violates the U.S. Constitution’s Second Amendment has been revived.
In 2012, Cook County approved a $25 per gun and 1 to 5 cent per cartridge of ammunition tax. Initial challenges went to the Illinois Supreme Court, which in 2021 ruled against the county. The county then modified the ordinance.
Gun rights advocate Todd Vandermyde sued again on a Second Amendment challenge. After a district court dismissed the case, earlier this week an appeals court reinstated the challenge.
“The Firearm and Firearm Ammunition Tax Ordinance cannot be sustained under the Supreme Court’s fee jurisprudence. Defendants correctly point out that the Supreme Court has held that the constitution does not necessarily forbid the charge of a ‘fee’ to a person associated with the person exercising a constitutional right,” said the
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