(The Center Square) – A gun rights advocate is praising a Cook County judge’s decision to side with them against the county’s gun and ammunition tax.
Cook County enacted a $25 tax per firearm and 1 to 5 cent tax per round of ammunition in 2012. After legal challenges, the Illinois Supreme Court ruled against the county in 2021. The county had previously amended the measure and reinstated the tax.
Guns Save Life sued and Monday a Cook County judge sided with the gun rights group.
“Finally now, after what, four year, the trial court has ruled that ‘look, we don’t have the authority to re-litigate this case and as such, here’s the final decision throwing out the Cook County gun and ammo tax,” Guns Save Life Executive Director John Boch told The Center Square.
Boch said the Second Amendment is like other fundamental rights and can’t be singled out for taxes.
“Like the First Amendment, or the right to vote, or even the right of the free press,” Boch said.
With the district court victory in hand, Boch said it’s an open question what happens to those who had previously paid the tax.
“I think there will be ultimately be some attorneys out there that are going to be scrapping over what to do with those millions of dollars that have been collected over the years and Cook County is going to be scrambling to come up with that money that I’m sure they spent on trivial things as they usually do,” Boch said.
After the Illinois Supreme Court struck down the county’s ordinance in 2021, the county amended the measure.
“Per the amendment, the revenue generated from the amended firearm and ammunition tax will be directed to the Special Purpose Fund for Equity and Inclusion to directly fund the Justice Advisory Council’s gun violence prevention programs as well as operations and programs aimed at reducing gun violence,” a county spokesperson said in 2021.
After Monday’s decision, Boch said if the county decides to appeal or tries to again amend the measure to reinstate the tax, they’ll take the case all the way up the judicial branch.
“If they wanna get stupid with this, it might ultimately end up at the U.S. Supreme Court,” Boch said.
Asked for a response to the outcome of the case, a spokesperson for Cook County said “We do not have comment.”
