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Illinois Judge Finds FOID Unconstitutional Under Second Amendment
AmmoLand ^ | 28 April, 2021 | Dean Weingarten

Posted on 05/02/2021 6:47:43 AM PDT by 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.

(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; News/Current Events; US: Illinois
KEYWORDS: 2ndamendment; armedcitizen; banglist; foid; il; illinois; rkba; secondamendment
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To: BobL

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

Generalizing your personal attack is still a personal attack and against the rules on this site. Please be respectful of those you disagree with.


21 posted on 05/02/2021 7:29:28 AM PDT by SaxxonWoods (Any comment might be sarcasm, or not. It depends. Often I'm not sure either.)
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To: marktwain

Wow. Our side including the Constitution got a win?! Nice change of pace!!!


22 posted on 05/02/2021 7:29:38 AM PDT by piytar (Do NOT forget Ashli Babbit!)
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To: marktwain

Bkmk


23 posted on 05/02/2021 7:32:34 AM PDT by sauropod (Chance favors the prepared mind.)
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To: Robert DeLong

Thank you. I had no idea what that was.


24 posted on 05/02/2021 7:33:12 AM PDT by Pining_4_TX (O Lord, our Lord, how majestic is your name in all the earth! Psalm 8:9)
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To: logi_cal869

I figured others would benefit from that. Otherwise, I was prepared to be the only dummy on the board who required enlightenment. 8>)


25 posted on 05/02/2021 7:33:52 AM PDT by Robert DeLong
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To: PROCON

26 posted on 05/02/2021 7:34:19 AM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screeen name for my FR home page.)
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To: logi_cal869

It’s a fair question. Answer serves to correctly undermine the argument that gun control is somehow necessary - when gun control causes more problems than it allegedly solves.


27 posted on 05/02/2021 7:34:30 AM PDT by ctdonath2 (The claim of consensus is the first refuge of scoundrels.)
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To: Bonemaker
Apparently if you are a criminal you don’t need one to buy a gun...only the law abiding.

Chances are the criminal will receive a pat on the hand and released, after using said firearm in the execution of a crime. So why would they waste their time obtaining an FOID card? 8>p

28 posted on 05/02/2021 7:38:57 AM PDT by Robert DeLong
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To: marktwain
It's like a driver's licence. How did they state grant THEMSELVES the “privilege” (as the like to call it) to permit people to have drivers’ licenses?
29 posted on 05/02/2021 7:39:50 AM PDT by Fido969 ( Sc)
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To: marktwain

Duh! The 2nd amendment, as was the entire constitution, written in plain language that farmers could understand.


30 posted on 05/02/2021 7:41:48 AM PDT by DownInFlames (G)
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To: Lurker

I think we both know this is going to the USSC no matter which side wins at the appellate or district court level. So this will be finally resolved in what, 3-5 years when the USSC finally take it up?

I hate Hellinois Democrats. Republicans too as they’re no better.


31 posted on 05/02/2021 7:44:04 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: MtnClimber

Excellent and truthful meme.


32 posted on 05/02/2021 7:54:49 AM PDT by PROCON (Our rights do not come from government, therefore they cannot take them away.)
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To: ctdonath2
Not when linked to duplicitous language of the type used by gun controllers. Hence my follow-on...

I assure you that somewhere the left has a 'study' which has results supporting their policies in spite of the painful, omnipresent reality of urban disasters such as Chicago, D.C. et al.

ULM

Use (of) language matters. /s
33 posted on 05/02/2021 7:58:13 AM PDT by logi_cal869 (-cynicus the "concern troll" a/o 10/03/2018 /!i!! &@$%&*(@ -)
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To: SaxxonWoods

Fair comment...just trying to understand how we take on The Man, after letting The Man take our guns, which he will do, at least to 99% of us, including most of the ‘come and get them’ crowd, once they see what tools the government has at its disposal, most of them not even requiring ATF/FBI types to do anything more than type in a few keystrokes, while at their nice, air conditioned, offices in DC.

Do people REALLY THINK that they can fight The Man, once he’s given the green light? Good luck there!!!


34 posted on 05/02/2021 8:27:38 AM PDT by BobL (TheDonald.win is now Patriots.win)
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To: Bonemaker

“Apparently if you are a criminal you don’t need one to buy a gun...only the law abiding.”


Also, as a resident of Missouri, I don’t need a FOID card to buy ammo or a long gun in Illinois. So out-of-state residents have more freedom in Illinois than Illinois residents.


35 posted on 05/02/2021 8:48:37 AM PDT by hanamizu
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To: MtnClimber

Well phrased.

Blinded, shackled, covered. Being led to their death by gunfire.


36 posted on 05/02/2021 8:52:17 AM PDT by Robert A Cook PE (Method, motive, and opportunity: No morals, shear madness and hatred by those who cheat.)
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To: Robert A Cook PE

They are probably being sold as sex slaves.


37 posted on 05/02/2021 8:54:41 AM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screeen name for my FR home page.)
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To: 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?

Irrelevant.

You're applying a utilitarian argument to a right that is God-given to every human being, including Canadians.

That kind of thinking is why Canadians can have 1500 types of guns banned at the whim of the PMO.

I have family on both sides of the border going back into the 1800's. The Canadian ones are clueless about freedom, liberty and limited govt.

Pre-crime law simply makes the otherwise innocent into easy targets for criminals.
38 posted on 05/02/2021 9:19:10 AM PDT by SecAmndmt (Aim small, miss small)
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To: marktwain

Doesn’t matter - Down State GOP judges are always over ruled by the Illinois Supreme Court Democrats

The ruling is meaningless


39 posted on 05/02/2021 9:32:07 AM PDT by EC Washington
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To: marktwain
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.

If they are rights that belong to people simply by existence then they are not constitutional rights, but natural rights. Constitutional rights implies that the rights flow from the Constitution. It's an important distinction even though our enemies couldn't care less. They just want us disarmed and defenseless.

40 posted on 05/02/2021 9:32:54 AM PDT by Dahoser (I finally figured out what to call him: Fakephonyfraudident Biden. )
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