MAJOR 2A BREAKING NEWS: TAXES ON GUNS AND AMMO 2A FIGHT HAPPENING NOW

Published on January 22, 2024
Duration: 12:55

This video provides an expert-level analysis of the Todd Vandermyde v. Cook County, Illinois case, challenging the constitutionality of taxes on firearms and ammunition. Constitutional attorney Mark Smith explains how targeted taxes on constitutional rights are unconstitutional, citing Supreme Court precedents like Minneapolis Star and Harper v. Board of Election. The discussion highlights the rejection of 'tiers of scrutiny' post-Bruen and differentiates between constitutional fees and unconstitutional taxes.

Quick Summary

A targeted tax singling out a constitutional right is unconstitutional. This principle, supported by Supreme Court cases like Minneapolis Star and Harper v. Board of Election, applies to taxes on firearms and ammunition. The Bruen decision further solidified that all Second Amendment rights are protected equally, rejecting prior 'tiers of scrutiny' arguments used to justify such taxes.

Chapters

  1. 00:00Major 2A Breaking News: Cook County Gun Tax Case
  2. 00:27Speaker Introduction: Mark Smith, Constitutional Attorney
  3. 00:49The Todd Vandermyde v. Cook County Oral Argument
  4. 01:29Targeted Taxes on Constitutional Rights Explained
  5. 02:56Supreme Court Precedent Against Unconstitutional Taxes
  6. 03:52Illinois Supreme Court Precedent on Targeted Taxes
  7. 04:51Lower Court's Flawed Reasoning Post-Bruen
  8. 07:35Judicial Bias and Expectations in Chicago
  9. 08:30Distinguishing Constitutional Fees vs. Unconstitutional Taxes
  10. 11:10Outlook for the Cook County Gun Tax Case

Frequently Asked Questions

What is the main legal argument against the Cook County gun and ammunition tax?

The primary legal argument is that Cook County's tax on guns and ammunition is unconstitutional because it is a targeted tax that singles out a constitutional right. This violates fundamental principles established by federal and Illinois constitutions, supported by Supreme Court precedents.

Which Supreme Court cases are cited as precedent against targeted taxes on constitutional rights?

Key Supreme Court precedents cited include Minneapolis Star, which ruled a tax on paper and ink unconstitutional as an ancillary right, and Harper v. Board of Election, which struck down a poll tax. These cases establish that taxes directly burdening constitutional rights are invalid.

How does the Bruen decision impact the analysis of Second Amendment rights and taxation?

The Bruen decision rejected 'tiers of scrutiny' for Second Amendment cases. It mandates a text-first, burden-shifting approach requiring historical analog laws for justification, invalidating prior reasoning that classified firearm rights as non-core and thus subject to lesser protection against taxation.

What is the difference between a constitutional fee and an unconstitutional tax in the context of firearms?

A constitutional fee covers only the cost of a specific government service, like processing a background check. An unconstitutional tax is a charge that exceeds the cost of service or has no relation to it, generating surplus revenue for general government use, thereby unconstitutionally burdening a right.

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