IL: FOID card ruled unconstitutional

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  • Alamo

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    People v. Brown - FOID ruled unconstituional in IL District Court - Judicial Second Amendment Case Discussion - IllinoisCarry.com
    Posted 21 March 2019 - 10:52 AM
    This is a case in my own circuit court that we have been monitoring for the past year. The court ruled the FOID Act unconstitutional in regards to the licensing and taxing requirement to be in possession of a firearm or ammunition in your own home. The IL Attorney General has appealed the case to the IL Supreme Court.


    links to judges orders at link above

     

    KLB

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    Will be interesting to see if the IL SC decides to take the case. Could it be best if they do and rule for the state? Then they could try to get it to the USSC and possibly give it national significance.
     

    T.Lex

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    Wow - that's awesome. Illinois courts have gotten the smackdown from SCOTUS before, so maybe they'll figure this out correctly on their own.

    It could happen.

    @KLB IMHO if Illinois figures it out without going to SCOTUS, that's as good (if not better) because it means that one of the bastions of ineffective gun control has fallen under its own weight. But, yeah, it'll probably end up in SCOTUS.
     

    Shadow01

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    Illinois is in a constant state of turning left when everyone else is turning right. Their goal is to pass as many restrictive laws as they can and the ones that don’t get overturned help justify their position.
     

    KLB

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    Wow - that's awesome. Illinois courts have gotten the smackdown from SCOTUS before, so maybe they'll figure this out correctly on their own.

    It could happen.

    @KLB IMHO if Illinois figures it out without going to SCOTUS, that's as good (if not better) because it means that one of the bastions of ineffective gun control has fallen under its own weight. But, yeah, it'll probably end up in SCOTUS.
    I'm just thinking that if it stays there it only really helps them. If it goes to the USSC, then it might affect all of the states.
     

    cbhausen

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    Great news! Kinda makes it a little tougher for the statists in Illinois to use citizens’ constitutionally protected first amendment rights exercised in their social media postings against them to deny their constitutionally protected second amendment rights.
     

    stephen87

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    Will be interesting to see if the IL SC decides to take the case. Could it be best if they do and rule for the state? Then they could try to get it to the USSC and possibly give it national significance.

    What others states have measures like this? If ISC finds it unconstitutional, then cases in other states can use it as a defense. That would open it to interpretation in a different ciecuitt, which would either have another circuit (9th Circuit, here's looking at you) or send it to SCOTUS which then would become law of the land.
     

    allthumbs

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    There are many reasons people are fleeing IL in droves, taxes #1 and for me #2 was their gun laws, cost me over $600.00 and months of waiting to be able to CC, I could really care less what that worthless state does. I hope things get better for the people that have to live there, but I had more than enough.
     

    KLB

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    What others states have measures like this? If ISC finds it unconstitutional, then cases in other states can use it as a defense. That would open it to interpretation in a different ciecuitt, which would either have another circuit (9th Circuit, here's looking at you) or send it to SCOTUS which then would become law of the land.
    I don't think that the case would have any bearing on a case in any other state.

    I also don't believe the Circuit courts have anything to do with this. An appeal from a State Supreme Court would go directly to the SCOTUS if there is a question of constitutionality.
     

    Alamo

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    I don't think that the case would have any bearing on a case in any other state.

    ....

    State courts do use other states' rulings as input to their decisions. It would not have legal force like a SCOTUS ruling would, but it can be part of the legal argument.
     

    KLB

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    State courts do use other states' rulings as input to their decisions. It would not have legal force like a SCOTUS ruling would, but it can be part of the legal argument.
    And how many have said that kind of thing is constitutional? Hopefully it gets to the SCOTUS and gets ruled unconstitutional there.
     

    Mark 1911

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    Nice to see things moving in the right direction. First out-of-state residents allowed to carry in their vehicles. Now the ruling on the FOID act. But I still can't legally carry outside my vehicle there. Hopefully constitutional carry will eventually become the law of the land.

    If it is unconstitutional to tax someone for having a firearm and ammo in their own home, then couldn't the same principle be applied to all licensing (for carry) requirements everywhere? I know I'm no lawyer, not even close. But if the 2nd amendment calls it a right, then how can it be constitutional for states to charge fees for a license to practice that right?
     

    stephen87

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    I don't think that the case would have any bearing on a case in any other state.

    I also don't believe the Circuit courts have anything to do with this. An appeal from a State Supreme Court would go directly to the SCOTUS if there is a question of constitutionality.


    Absolutely it would have bearing in other states. A defense would use the ruling of this case as a precedence.

    If it were to be appealed to the court of appeals then their ruling would apply in that entire district. Not a lawyer, but I believe a state's Supreme Court falls UNDER the umbrella of the circuit COA.
     

    KLB

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    Absolutely it would have bearing in other states. A defense would use the ruling of this case as a precedence.

    If it were to be appealed to the court of appeals then their ruling would apply in that entire district. Not a lawyer, but I believe a state's Supreme Court falls UNDER the umbrella of the circuit COA.
    State courts don't appeal to the district Federal courts. A state SC ruling can be appealed to the SCOTUS only for grounds of constitutionality.

    While lawyers in other states can argue that another state ruled a certain way, the case would have no precedence in another state.

    This really needs to get to the SCOTUS to get settled once and for all. The question is, will they actually rule the way we think they should.
     
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