People v. Brown - FOID ruled unconstituional in IL Court

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People v. Brown - FOID ruled unconstituional in IL Court

Postby jdege on Mon Mar 25, 2019 9:45 am

People v. Brown - FOID ruled unconstituional in IL District Court
http://illinoiscarry.com/forum/index.php?showtopic=71543
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.

Cliff notes: Lady with a clean record, in possession of a single shot, bolt action rifle .22 in the home for personal protection. No FOID but otherwise eligible for a FOID. Judge ruled requiring a license and charging a fee/tax to exercise a Constitutional right in the home unconstitutional.
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Re: People v. Brown - FOID ruled unconstituional in IL Court

Postby Ghost on Mon Mar 25, 2019 10:03 am

Good, NFA next?
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Re: People v. Brown - FOID ruled unconstituional in IL Court

Postby Holland&Holland on Mon Mar 25, 2019 10:18 am

Well who would have guessed that shall not be infringed meant the government can't infringe on your rights.
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Re: People v. Brown - FOID ruled unconstituional in IL Court

Postby Ghost on Mon Mar 25, 2019 10:49 am

Holland&Holland wrote:Well who would have guessed that shall not be infringed meant the government can't infringe on your rights.

But the well regulated militia!!!!! ;)
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Re: People v. Brown - FOID ruled unconstituional in IL Court

Postby yukonjasper on Mon Mar 25, 2019 10:53 am

And FOID is.........?
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Re: People v. Brown - FOID ruled unconstituional in IL Court

Postby Holland&Holland on Mon Mar 25, 2019 11:06 am

yukonjasper wrote:And FOID is.........?

Evil right wing person registration act.

Whoops, sorry, got my naming conventions wrong.

Firearm owners identification card act.
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Re: People v. Brown - FOID ruled unconstituional in IL Court

Postby Rip Van Winkle on Mon Mar 25, 2019 11:32 am

x
Last edited by Rip Van Winkle on Mon Mar 25, 2019 11:33 am, edited 1 time in total.
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Re: People v. Brown - FOID ruled unconstituional in IL Court

Postby Rip Van Winkle on Mon Mar 25, 2019 11:33 am

I didn't read all 3 pages of the linked forum, but how come this case was settled a six months ago and we're just hearing about it?
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Re: People v. Brown - FOID ruled unconstituional in IL Court

Postby wasfuzz on Mon Mar 25, 2019 11:36 am

yukonjasper wrote:And FOID is.........?


IL requires a FOID - Firearms Owner Identification card
http://www.ispfsb.com/Public/FOID.aspx
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Re: People v. Brown - FOID ruled unconstituional in IL Court

Postby Holland&Holland on Mon Mar 25, 2019 11:54 am

wasfuzz wrote:
yukonjasper wrote:And FOID is.........?


IL requires a FOID - government infringement card
http://www.ispfsb.com/Public/FOID.aspx


I fixed it for you!
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Re: People v. Brown - FOID ruled unconstituional in IL Court

Postby bstrawse on Mon Mar 25, 2019 2:20 pm

Rip Van Winkle wrote:I didn't read all 3 pages of the linked forum, but how come this case was settled a six months ago and we're just hearing about it?


decided, not settled. Only impacts Illinois and their specific FOID issue (which we don't have here in MN). Illinois AG is apparently appealing to the Illinois Supreme Court - so we'll see where that goes.

Doesn't impact us here in MN as we don't have a FOID like law - and Illinois precedents have no bearing in Minnesota --- but still worth following.

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