Illinois Judge Says FOID Requirement Unconstitutional For Guns At Home

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carpboy

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This is in Illinois,but the judges ruling is something we should keep in mind when discussing infringements on our RKBA.I think this view is helpful when considering cases like the case now before the Supreme Court challenging NY states oppressive concealed carry law

...... In a thorough analysis of the state’s FOID law, Judge T. Scott Webb makes the astute observation that under Illinois law no one really has the right to keep and bear arms, even in their home. Instead, everyone is considered a prohibited person unless and until they fork over money to the state for a permission slip. Webb says that the entire process is “inverted,” adding:
"The burden should be on the state to demonstrate that a citizen has committed an act thereby disqualifying them from being in the group of people that already possess a Second Amendment right. Instead, the opposite is true. A citizen in the state of Illinois is not born with a Second Amendment right. Nor does that right inure when a citizen turns 18 or 21 years of age. It is a facade. They only gain that right if they pay a $10 fee, complete the proper application, and submit a photograph."

https://bearingarms.com/camedwards/2021/04/27/foid-requirement-unconstitutional-guns-at-home-n44329
 
But, it only applies to this one case. We'll have to wait and see if the illinois Supreme Court will apply it to the rest of the state.
 
True enough. It is the judges argument that puts the issue in the proper light. In the past I thought the FOID system was okay. In light of the Heller and McDonald rulings from the US Supreme Court, declaring the Second Amendment a fundamental Civil Right now it has been made clear to me, that this system is clearly and infringement. Anytime you have to ask the government for permission to exercise your rights that is clearly an infringement. Substitute the word bible or bicycle for gun when considering our fundamental civil rights and you can see how clouded our views on have become on the subject of our 2nd amendment rights.
 
The Illinois Supreme Court is headed by the wife of the longest serving Chicago Alderman of all time (he's under Federal indictment). She's very left of center and rules with an iron fist. You can expect she'll make sure the FIOD is reinstated. And I expect the Judge that made this ruling will face consequences to his judgeship and law license. Its the Chicago way.....

BTW, the FOID was reviewed by Federal Courts ten years ago when Illinois' restrictive CCW process was overturned. The Feds didn't throw it out then, has anything changed Federally that could make the FOID go away?
 
The FOID system has collapsed. My son has been waiting 14 months for renewal. You need to bring a folder full of paperwork now to do anything related to guns. Multiple excuses from the government why the system doesn’t work. The state has taken 10s of millions of dollars from the system’s fee accounts to spend elsewhere. Want to buy your first gun, it may take months to get a FOID card. An inalienable right delayed is a right denied.
 
I've paid almost 400 dollars to renew the ccw licenses for my wife and I as well as the foid cards. (all in for two carry licenses and 2 foids not to mention the 8 hour required refresher training from 9/19)

They took the money out last Feb and we still have no new cards.

The foids expire and stores don't want to sell you ammo. Do you blame them? I finally got a letter stating they have 18 months from the end of the disaster proclamation. Just in time to all be due to be paid again.

Calls go unanswered.
 
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