Illinois Judge Finds FOID Unconstitutional Under Second Amendment

AmmoLand ^ | 28 April, 2021 | Dean Weingarten

[marktwain]

Judge T. Scott Webb, of White County, Illinois, Found the requirement to obtain a (FOID) before owning a firearm in Illinois, to be unconstitutional. From the decision, Case 17-CM-60, 26 April 2021:

“A citizen in the State of Illinois is not born with a Second Amendment right. Nor does that right insure when a citizen turns 18 or 21 years of age. It is a façade. They only gain that right if they pay a $10 fee, complete the proper application, and submit a photograph. If the right to bear arms and self-defense are truly core rights, there should be no burden on the citizenry to enjoy those rights, especially within the confines and privacy of their own homes. Accordingly, if a person does something themselves from being able to exercise being able to exercise that right, like being convicted of a felony or demonstrating mental illness, then and only then may the right be stripped from them.”

The theory of Constitutional rights is they belong to people by the existence of the person. They are not granted by the state. They are to be protected by the state. In the case of Illinois, the process is reversed.

Judge Webb found, in the state of Illinois, the right to own arms and defend oneself in one’s own home was not assumed by the existence of the person. Instead, the state required the person to jump through hoops and apply to the state to receive permission to exercise their rights.  This is precisely the opposite of Constitutional principles.

The rights are presumed to be there. They may only be taken away in certain strictly defined circumstances. In Illinois, they are taken away from everyone, and individuals may then petition the government to get their rights back.

[marktwain]

Judge Webb writes the FOID card is an unconstitutional infringement on a fundamental right.

[BobL]

I want to get rid of the RINOs in November elections so that the Democrats can pack the courts and overturn rulings like this.

...or so that is the ‘strategy’ of SOME IDIOTS on this site.

[Robert DeLong]

Firearm Owners Identification (FOID)

[PROCON]

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[OttawaFreeper]

I would want to also know if the issuance of FOID cards or certificates contribute to the reduction of the criminal or tragic misuse of firearms in that state and that there is hard evidence supporting this idea. In addition, how much does it cost to maintain this system and is it a cost effective way in dealing with criminal and tragic violence in Illinois?

[ASA Vet]

Dominion works as programmed, so there is no longer a need to pretend there are elections.

[Lurkinanloomin]

Yeah, we should just keep voting for the R

No matter how bad they are

Rah Rah Romney

Hail Hail Haley

[Lurker]

This looks like a solid case. It’ll be interesting to watch the Illinois Appeals Court twist themselves into knots when they reverse the decision.

L

[Navy Patriot]

Good news, but the War on Firearms and Freedom continues.

[logi_cal869]

Firearm Owners Identification (FOID)

Thanks for that. I was just getting ready to open a tab to search.

[faithhopecharity]

absolutely correct. a few more decisions like this and Illinois citizens can start defending themselves as our Founders intended. this will itself reduce the terrible murder rate by a long shot (so to speak, ha ha)

then return firearms training and shooting sports to high schools!

[fwdude]

The issues of this case really aren’t surprising. The Godless left thinks that rights are purely man made, by government, and are granted by government. This seriously warped, twisted and false concept distorts everything else about the leftist world view.

[jospehm20]

Because replacing uniparty people like Murkowski, Cheney, etc. with better people would somehow suck? You are right, there are SOME IDIOTS on this site.

[joma89]

And how long has the FOID been in use in illinois?

[zeugma]

Thanks, as always, for posting a link directly to the decision itself. It was interesting reading. The judge appeared to bend over backwards to say that the ruling was specifically concerned with one’s 2nd Amendment rights only as they pertain to the home.

[for-q-clinton]

That’s NOT the strategy and you know it. The strategy is to get rid of the RINOs with a true conservative or libertarian and WIN.

[HP8753]

Easier to fight the enemy marching toward you in a different uniform, then the one standing behind you wearing the same uniform as you, but in cahoots with the enemy.

[joe fonebone]

I am one of those idiots you speak of..
We must destroy it in order to save it..

You, sir, are a republican, team player, my team has to win no matter what or who..

You, sir, are part of the problem..

[Bonemaker]

That little turd card has been around since 1968. I had to get one while stationed oversees in order to bring my guns back to ill legally. Have had one ever since. Apparently if you are a criminal you don’t need one to buy a gun...only the law abiding.

[logi_cal869]

I would want to also know if the issuance of FOID cards or certificates contribute to the reduction of the criminal or tragic misuse of firearms in that state...

I hope you forgot your sarc tag. If not, then this article should answer your question without relying solely upon my anecdotal opinion.

A Study Of Guns In Boston Shows That Restrictive Laws Drive Up Prices On The Street

In short:

Absolutely not

If it wasn't sarcasm, I think I'm not the only one who would like you to define your words 'tragic misuse', as 'murder' & 'robbery' are still criminal. It would be a shame if the label is so liberal as to be applied to cars, too, but I can see it in my crystal ball: "Court Determine That Capitol Police Officer Succumbed to Tragic Misuse of Vehicle" or "Toddler Killed in 2-Vehicle Tragic Misuse of Vehicles". It would be a shame if we had to ban vehicles: I really don't care for the smell of horsesh!t... (now THAT's sarcasm).