“After analyzing all the evidence in this matter, this Court finds that the Defendant’s activity of possessing a firearm within the confines of her home is an act protected by the Second Amendment,” White County Resident Circuit Judge T. Scott Webb wrote in the Feb. 10 decision.
The state’s Firearm Owners Identification (FOID) Act mandates residents have a FOID card to legally possess guns or ammunition.
Vivian Claudine Brown, a state resident, was charged by prosecutors with possessing a rifle despite not having a FOID card. She filed a motion to find the law unconstitutional.
The U.S. Supreme Court has determined that the U.S. Constitution’s Second Amendment protects the right to bear arms and the right to self-defense.
Justices said in a 2022 ruling known as Bruen—which struck down a New York state law—that when restricting gun ownership, officials must show that the regulation in question is “consistent with this Nation’s historical tradition of firearm regulation.”
Webb said there are no historical analogs for the FOID Act, leading to his conclusion that it violates the Constitution.
“None of the laws cited by the State as being historically similar sought to disarm otherwise law-abiding citizens within the confines of their homes,” he wrote. “That is the essence of the FOID Act when the superficial layers of the Act are stripped away.”
A state appeals court previously found the FOID Act constitutional, pointing to how the U.S. Supreme Court has said that background checks, which are a key part of the FOID Act, are permissible. The Illinois Supreme Court has twice remanded the case.
Webb said the appeals court analysis was deficient and that following the decision “would be tantamount to judicial incompetence.”
https://www.zerohedge.com/political/illinois-gun-requirement-unconstitutional-judge
“A state appeals court previously found the FOID Act constitutional, pointing to how the U.S. Supreme Court has said that background checks, which are a key part of the FOID Act, are permissible”
So, the state does a background check and says “you can buy a gun, hold a gun, buy ammo and hold ammo.
But, we need to have ANOTHER background check to be able to carry that gun in public.
Odd………………………..
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No, you have to have a FOID card just to OWN that gun.
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The point is the state says it’s ok for me to have a gun, but then there’s another state approval to carry it
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The FOAD clause trumps the FOID card.
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The Supreme Court continues to dance around the actual 2nd Amendment. Miller and now Bruen point to other dicta. So now a district court has cited something not found in the Constitution.
… shall not be infringed. This is the beginning and should today and evermore be recognized by the courts as the end. Just as it was intended.
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A thousand years ago we figured out how to make our own FOID cards. They worked great for the liquor store when we were just under the legal age. I left IL when I was 21 and never looked back.
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