A half-score of years ago, Illinois’ most aggressive gun rights group Guns Save Life a lawsuit challenging Cook County’s (then) new gun and ammunition tax. Following those 10 years in the courts, we have two orders from Illinois Courts— including the Illinois Supreme Court—saying the ordinance establishing the tax was and remains unconstitutional. Yet, Cook County officials have told us in recent days they have no intention of ceasing collection of these (unconstitutional) taxes. Welcome to the lawless Windy City.

I work as the Guns Save Life Executive Director for my day job. To this day, I vividly remember the deposition I underwent for this legal challenge at the Cook County building in downtown Chicago. It felt like an old cop show from the 1970s with grungy walls, bare lightbulbs, cold metal desks and uncomfortable chairs. The first meaningful question, “What’s your wife’s favorite gun and why?”

“A Colt Commando .38 snubnose because she likes it best, I guess,” I replied.

The deposition went on for hours. Supposedly they didn’t have a bottle of water because of budget constraints so they brought me a miniature disposable cup of lukewarm water that they’d filled from the bathroom. (I didn’t ask if they got the water from the faucet or … elsewhere.) And while I couldn’t bring a handcuff key into the building at the security checkpoint (they aggressively seized my keys), they handed me an 18-inch wooden bat with the bathroom keys attached when I asked to use the facilities. Makes perfect sense from a security standpoint, right?

The case moved through the courts at a snail’s pace, with the the Cook County Circuit Court and the First Appellate Courts both ruling that the targeted tax on a fundamental right doesn’t run afoul of U.S. Supreme Court precedent or the Second Amendment. This despite landmark civil rights cases including Harper v. Board of Elections (poll tax) and Minneapolis Star-Tribune v. Commissioner (tax on printer’s ink).

We appealed to the Illinois Supreme Court who, in 2021, reversed the lower courts and ruled the tax ordinance violated the Uniformity Clause of the Illinois State Constitution. (The Illinois Supreme Court sidestepped 2nd Amendment considerations…)  As part of that decision, they remanded the case back to the trial court to issue an order for a summary judgement in favor of Guns Save Life.

Cook County’s Board passed an amended taxing ordinance, claiming they remedied the deficiencies cited by the Illinois Supreme Court.  Then they boldly moved to have our entire case thrown out after the Illinois Supreme Court had ruled in our favor. That’s chutzpah.

For four years the case has languished, but finally on January 10th, a Cook County Circuit Judge finally did what the Illinois Supreme Court ordered.

Fast forward a few days. Our side contacted the Cook County officials asking about a plan to end the collection of the taxes in an orderly manner.

Cook County’s response, in so many words: “We have no intention of ending the collection of taxes on gun and ammo sales in Cook County.”

There you have it.

A clear breakdown of the rule of law in Cook County, Illinois, and a story that is surely to be continued…

17 COMMENTS

  1. I would guess that they intend to appeal (again) and seek a stay of the judgment pending appeal. Depending on how defiant they are feeling after being overruled, the issuance of a stay is uncertain. My experiences with a reversal of a Court of Appeal decision here in California is that the appellate court will fall in line with the Supreme Court’s order. Then again, the Third Circuit paid little heed to Bruen after the Supreme Court reversed and remanded for reconsideration the decision upholding Maryland’s assault weapons ban. (As an aside Snope is scheduled to be considered by SCOTUS for the third time in Friday’s conference. Stay tuned.)

    • I did, but only because it was a hell of a Black Friday deal at Cabela’s that couldn’t be beat by my regular dealer. Even with the $25 tax.

    • Or (basically) saying fck you to a circuit court judge.

      Does Judge Atkins know that they don’t think they need to follow the law or his lawful decision?

      The answer should be “Yes, Judge Atkins knows, and he’s none too happy.”

      What is the custom that our courts follow when the losing party of a court case does not abide by the decision of the court? How does a judge actually ensure that his orders are treated with all the seriousness that he expects them to be?

      • Contempt of Court. Do not pass Go, do not collect $200. Go directly to Jail until the Judge decides to let you out.

  2. Off topic: Am I the only one who sees Thomas’ argument in the HB 1101 (i.e. TX pornography) case as horrifying?

    “Chief Justice John Roberts and Justice Clarence Thomas appeared to suggest that even if the Supreme Court had in the past applied strict scrutiny to laws regulating adults’ access to sexually explicit content, advances in technology might justify taking another look at the standard of review. Access to pornography, Roberts observed has “exploded”: Not only is it much easier for teenagers to get access to porn, but the kind of porn that they can access has changed as well, becoming much more graphic.

    Thomas noted that when the court issued its decision in Ashcroft, it was in a “world of dial-up Internet” access. “You would admit that we’re in an entirely different world” now, he said.”

    It seems eerily reminiscent to talk of modern firearms and 2A, or modern encryption and 4A. “Those laws were in the time of single-shot muskets; you would admit we’re in an entirely different world now.”

    Source: https://www.scotusblog.com/2025/01/supreme-court-divided-on-texas-age-verification-law-for-porn-sites/

  3. No one is coming to save you. You are on your own. The president is not sending the military to enforce a Supreme Court order to help you. Like President Eisenhower did.

    You need to get involved. Stop listening to the libertarians.

  4. Come now, they are Democrats. The are immune to law. Due to their superiority they are allowed to do as they please. Until they finally get slapped down, which will likely not be occur in the near future, they will continue standard operating procedure.

  5. “A half-score of years ago,”

    Really?

    This isn’t the summer of 1863, nor is it a literary forum, or book club. Officiousness doesn not garner respect, veracity, nor high honor. And the article is not satire.

  6. There is no mechanism to make the government obey any court ruling. After all, it is the executive branch that must enforce the court’s rulings against the executive branch. I expect Pritzker to ignore SCOTUS ruing on PICA in the same way. Illinois has little control over private sales it does not know about, but no gun store will risk getting shut down by a corrupt state government even though the court is on the gun stores side. The process is still the punishment. Remember what Mao said all power comes out of the end of a gun. Which is also why the antis want to take away rifles which rarely used to commit crime and not handguns which are used in about 80% of all violent crimes.

  7. Oh come on!?! Certainly this judge can issue contempt charges against the county. Further, citing specific individuals of county management, whether supervisors or directors. This charge should have threat of arrest and incarceration. Then follow through!

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