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 ...
It will be interesting but may not be that hard. In his decision the judge said, "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." If the judge is admitting that the rights to keep arms can be taken away under "certain strictly defined circumstances" - circumstances which are not defined by the Constitution but by the state itself - then he's admitting the state has the right to restrict ownership in other areas. As with a FOIC.
This isn't the Heller case, where D.C. said you can't keep a gun in your home at all. Illinois allows ownership but with a registration.
I thought laws requiring a government ID to exercise a constitutional right were racist. When did that change?
It is obvious the power Dominion has over the country. Look how they are protected. Look how quickly huge corporations buckled under their threats. You are correct. Our votes do not matter one bit anymore.
Just in time!
My FOID will expire in September.
1968
next is to go after Constitutional carry...CCW fee should also be adiosed.
I obtained one in 1994. Viewed it as patently infringing. Nice to see it challenged.
In a State like Illinois, it’s a miracle!
I have one .You don’t have to own a gun to get one, but better have one if your carrying one.
53 years of an unconstitutional law...unbelievable.
I like the decision, but what authority does some black-robed tyrant have to decide that?
Exactly.
Donald Trump won reelection yet he isn’t President.
The rats also stole the two GA senate seats.
It’s why future federal elections will be placebos, harmless sugar-cubes for the proletariat to imagine their votes matter.
An Illinois Judge...
HHmmm... Ok. I guess there are still good people even in Blue strongholds. Kudos to this judge...
Obviously not.
1086 people shot, and 207 dead just in the city of Chicago as of 11:01 PM CDT last night. Twelve FOID cards among all the shooters, eight police officers and four citizens in self-defense. 774 feral thugs shooting up the place without benefit of an FOID card. 40 arrests and 7 ongoing homicide investigations. The homicide case closure rate is 5%
See heyjackass.com for all the latest scores and more.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.