Guns Save Life INC., DPE Services, Inc. d/b/a Maxon Shooter's Supplies and Indoor Range, and Marilyn Smolenski, v, Zahra Ali, Thomas J. Dart, County of Cook, Illinois.

ILA Litigation Counsel informs as follows:

This case is a challenge to both an ammunition “violence tax” and to a gun tax imposed by Cook County, Illinois, in 2015.

The defendant filed a motion to dismiss in March 2016 which was denied. The plaintiffs filed a motion for summary judgment. In February 2017, the Court granted a motion by the defendant to delay briefing during discovery. After limited discovery, the defendant cross-moved for summary judgment on November 6, 2017. On August 17, 2018, the district court denied the plaintiffs’ motion for summary judgment and granted the defendant’s motion for summary judgment. “The court essentially ruled that the taxes create a burden that is too minor to invalidate them.”

The plaintiffs appealed to the Illinois Appellate Court, First Judicial District. Briefing in the Illinois Appellate Court concluded on July 19, 2019. Subsequently, the Appellate Court affirmed.

On May 22, 2020, the plaintiffs filed a petition for leave to appeal to the Illinois Supreme Court. On September 30, 2020, the petition was granted. Briefing concluded on March 23, 2021. On May 13, 2021, the Illinois Supreme Court heard oral arguments. On October 21, 2021, the Illinois Supreme Court reversed.

… The Court held that the tax violated the uniformity clause of the state constitution because the revenues went into the general funds as opposed to a specific gun-violence-prevention program. Cook County quickly amended the ordinance to remedy that flaw, and we asked the court for a rehearing to address the other arguments that we made.

On March 9, 2022, the Illinois Supreme Court issued an order declining to rehear the case.

The plaintiffs amended the complaint and refiled a new lawsuit in February of 2023 to challenge the newly amended ordinance. Cross motions for summary judgment were filed. The parties await the Court’s ruling.

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