IL Supreme Court rules in People vs Mosley:
People vs Mosley
Posted 14 July 2015 - 02:29 PM
Posted 14 July 2015 - 02:40 PM
I am skimming through but it appears AUUW is not unconstitutional in IL.
They however reject the finding that FOID cards are unconstitutional
"We also reject defendant’s argument that, under due process, subsection (a)(3)© and the Firearm Owners Identification Card Act (FOID Card Act) (430 ILCS 65/0.01 (West 2012)) are unconstitutional, both facially and as applied. Defendant relies on the trial court finding that subsection (a)(3)©, in combination with the FOID Card Act, violates due process by placing special burdens on the ability of defendant, and all similarly situated 18- to 20-year-old adults, to obtain a FOID card. The relevant portions of the FOID Card Act states as follows: “(a) Each applicant for a Firearm Owner’s Identification Card must: *** (2) Submit evidence to the Department of State Police that: (i) He or she is 21 years of age or over, or if he or she is under 21 years of age that he or she has the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition *** provided, however, that such parent or legal guardian is not an individual prohibited from having a [FOID] Card ***[.] (ii) He or she has not been convicted of a felony under the laws of this or any other jurisdiction[.]” 430 ILCS 65/4(a)(2)(i), (ii) (West 2012)"
"Rather, we simply conclude that where “the possession of handguns by minors is conduct that falls outside the scope of the second amendment’s protection”"
Minors being banned from owning firearms (18-20 year olds) is constitutional.
Basically the existing restrictions on FOID cards for 18-20 year olds will stand, I would chalk this one up as a loss overall for gun owners unless I am missing something.
Edited by Patriots & Tyrants, 14 July 2015 - 02:45 PM.
Posted 14 July 2015 - 02:48 PM
So now, do you have to be 21 y/o before you can be charged as an adult? The court just ruled them minors, so you shouldn't face adult charges until 21.
Posted 14 July 2015 - 03:15 PM
Posted 14 July 2015 - 08:26 PM
Could someone please put this in plain American English? SO, they ruled the FOID is okay and we'll have to keep it?
What was the case about?
Posted 14 July 2015 - 08:32 PM
19 year old in possession of a loaded, uncased handgun, with no FOID.
Basically, FOID is constitutional as 'reasonable regulation' and so in banning handguns for those under 21.
Posted 15 July 2015 - 12:08 PM
Edited by borgranta, 15 July 2015 - 12:08 PM.
Posted 15 July 2015 - 12:12 PM
Posted 15 July 2015 - 02:30 PM
If you need a state-issued permission card to exercise a right, it isn't exactly a right.
Of course, we live in a country with things like established "1st amendment zones" so it's not like we actually pay attention to the constitution anyway.