Illinois Circuit Judge Rules FOID Card Unconstitutional

nytebyte

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Didn't see an existing thread about this topic.

https://www.thetruthaboutguns.com/2019/03/john-boch/illinois-circuit-judge-rules-foid-card-unconstitutional-attorney-general-reportedly-appealing-to-il-supreme-court/

In February 2018, a White County, IL Second Judicial Circuit Court judge ruled Illinois Firearms Owners Identification Card Act unconstitutional. Eight months later, after pleadings and motions to reconsider the initial decision, the judge not only reaffirmed his original decision, but supplemented it. Now, IllinoisCarry.com’s spokeswoman Valinda Rowe claims that the Illinois Attorney General will take the case to the Illinois Supreme Court.

The case began with the March 2017 arrest of a now-divorced, 4′ 11″ fifty-something woman for the high crime of possessing a single-shot .22 rifle for self-defense. Obviously, she’s not exactly Bonnie Parker of Bonnie and Clyde fame. She failed to have a FOID card for her rifle, despite eligibility to receive one. In February 2018, a White County judge ruled the FOID Act unconstitutional.

In this case the facts show the defendant possessed a gun, in her house, for the purpose of self-defense without a FOID card. To require the defendant to fill out a form, provide a picture ID and pay a $10 fee to obtain a FOID card before she can exercise her constitutional right to self-defense with a firearm is a violation of the Second Amendment to the United States Constitution as applied to the States and a violation of Article I, Section 22, of the Constitution of the State of Illinois, as applied to this case only.
I'm hopeful, but I doubt this case is as big as people are making it out to be. The ruling was very narrow and only applied to that particular case and only "in the home".
 

Chester Copperpot

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Been following this on Illinoiscarry.

If you read the case, the FOID card act basically states that if you have a gun anywhere in the house, and those living in the house know about it/are aware of it, EVERYONE in that house MUST have a FOID card to be legal, accordingly to the law as written. Which to the lawyers (and the judge apparently) it is impossible to satisfy that part of the FOID act and is thus unconstitutional, for many different reasons the main one being the tax/fee to exercise a right.

Here's the IC post:

http://illinoiscarry.com/forum/index.php?showtopic=71543
 

nytebyte

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The hearing on this was a few days ago on 9/10 and I don't think any progress was made.
One of the state's big arguments for keeping the FOID was "Well, we've been violating people's rights for 50 years with the FOID requirement, so it's established and must be OK." Pretty weak IMO.

There was also some talk about the cost of the FOID being too high and that it should be reduced to something like $3 and the expiration date extended.
I guess that would put the dampers on the IL Dems trying to increase the FOID fee to $100 and shorten the expiration date to 5 years.

Also, they're were arguments that the FOID can't be required for everyone "in a home that has guns". So, for example your wife wouldn't need one to live in the same house with your guns, but to take a gun out of the house, you'd still need a FOID. Yeah, fuck that. That would still be unconstitutional. The entire FOID act must be struck down.

Anyone else hear anything worthwhile about this shitshow?
 

BADAZZTEALCOBRA

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The hearing on this was a few days ago on 9/10 and I don't think any progress was made.
One of the state's big arguments for keeping the FOID was "Well, we've been violating people's rights for 50 years with the FOID requirement, so it's established and must be OK." Pretty weak IMO.

There was also some talk about the cost of the FOID being too high and that it should be reduced to something like $3 and the expiration date extended.
I guess that would put the dampers on the IL Dems trying to increase the FOID fee to $100 and shorten the expiration date to 5 years.

Also, they're were arguments that the FOID can't be required for everyone "in a home that has guns". So, for example your wife wouldn't need one to live in the same house with your guns, but to take a gun out of the house, you'd still need a FOID. Yeah, fuck that. That would still be unconstitutional. The entire FOID act must be struck down.

Anyone else hear anything worthwhile about this shitshow?
Haven't heard much about it either, but assume they will do as much as possible to make it more expensive with the people currently in office.
 

Chester Copperpot

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It will get kicked down the road, sit in the court systems, and nothing will ever come of it. Our duly elected rats in office will still pass the "Fix the FOID" despite this being in the court system. They will increase fees and shorten the expiration, and no one will bat an eye because the IL "leaders" we have are the IL "leaders" we deserve as a state.
 
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