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People v. Brown - FOID ruled unconstituional in IL District Court


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#211 gunuser17

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Posted 24 June 2019 - 06:34 AM

As noted a few pages up, the Illinois Supreme Court is not scheduled to hear oral arguments again until Sept. 9, 2019.  If the Court decides to wait on the US Supreme Court NY case, the Brown case may not be heard until 2020 and the Illinois Court may call for additional briefing after any NY decision.  You can see the Court's argument schedule at page two here:  http://www.illinoisc...ay/05-19_DB.pdf



#212 chemical operator1

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Posted 24 June 2019 - 06:46 AM

Thanks for this update. I couldn't find anything other than the April deadline with that final extension.



#213 domin8

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Posted 26 June 2019 - 04:21 PM

*cough* AHEM *cough* *cough* Nonresident military spouse that lived in Illinois *cough* *cough* couldn't purchase ammo at Walmart/LGS for guns in home, couldn't purchase a long gun in Illinois, couldn't rent guns at shooting range, all due to inability to obtain FOID Card. *cough* *cough* brought many guns to Illinois that were kept in home, but it was ok under the FOID Card Act. *cough* *cough* Amicus??? *cough* Search forum archives dated 7/2012-7/2015 for post history regarding this. Iirc, I tried discussing this topic about 5 years ago. Military spouses who maintain residency in their home state can't obtain FOID Cards. Active duty military, regardless of state residency, have the option to obtain a FOID Card (not a requirement). Should the service member be deployed those guns are staying in the home while the service member is away. To be fair, I haven't read any of the court filings. Just throwing this stuff out there. Sent from my SM-N960U using Tapatalk

#214 borgranta

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Posted 02 July 2019 - 12:48 PM

The only way it would be legal for ILLINOS to allow the FOID to exist after a court ruling declaring it unconstitutional would be to revise FOID law and all references of FOID in law to make it an optional card that would offer a benefit of no mandatory waiting period upon instant background check approval and a maximum 3 day wait when background check is delayed.


Edited by borgranta, 02 July 2019 - 12:49 PM.

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#215 Bitter Clinger

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Posted 09 July 2019 - 05:29 AM

But waiting periods and other delays are also unconstitutional.



#216 SiliconSorcerer

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Posted 09 July 2019 - 05:31 AM

But waiting periods and other delays are also unconstitutional.

 

Anything but cash (barter) and carry is unconstitutional. 


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#217 Molly B.

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Posted 30 July 2019 - 09:16 PM

State’s Reply Brief is attached. 

 

Attached File  Appellant's Reply Brief.pdf   191.17KB   58 downloads


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#218 Bird76Mojo

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Posted 31 July 2019 - 02:23 AM

I've never read a longer piece based on backwards, circular logic in all my life.

Just wow.



"But as amicus Giffords Law Center to Prevent Gun Violence demonstrated in its brief, “[t]he weight of empirical evidence shows that licensing laws like Illinois’ are likely to be highly effective at reducing gun homicides and suicides and at decreasing gun purchases by criminals.”


I would argue that since the FOID act was put in place, criminal violence using illegal firearms has only risen.




"In sum, if the Second Amendment allows prohibitions on gun possession and ownership by felons, minors, the mentally ill, and other presumptively risky people — which both this Court and the United States Supreme Court have held that it does"


...and that's where you're wrong bud. The 2nd Amendment allows no such thing. It's right there, clearly written. THE RIGHT OF THE PEOPLE (ALL PEOPLE) TO KEEP AND BEAR ARMS (ALL ARMS) SHALL NOT BE INFRINGED. Anything to the contrary is nothing more than a modern judges' opinion/ruling. Otherwise, the 2nd Amendment would've included the language pertaining to felons, mentally ill, etc..


Edited by Bird76Mojo, 31 July 2019 - 02:35 AM.

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#219 domin8

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Posted 31 July 2019 - 11:49 PM

The FOID Act has only affected law abiding citizens. During the 3 years I lived in Illinois i was never able to purchase ammo or a long gun because I didn't have a FOID. As a nonresident military spouse I couldn't get a FOID. I've offered to help Illinois Carry in this matter, but got shut down. There's no interest in an amicus from somebody like me. Sent from my SM-N960U using Tapatalk

#220 steveTA84

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Posted 31 July 2019 - 11:56 PM

The FOID Act has only affected law abiding citizens. During the 3 years I lived in Illinois i was never able to purchase ammo or a long gun because I didn't have a FOID. As a nonresident military spouse I couldn't get a FOID. I've offered to help Illinois Carry in this matter, but got shut down. There's no interest in an amicus from somebody like me.

Sent from my SM-N960U using Tapatalk


So are you living here though (spouse stationed here)?




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