mab22 Posted April 2, 2020 at 09:02 PM Share Posted April 2, 2020 at 09:02 PM The Illinois Supreme Court, in my opinion, did not rule that no FOID is required to have a firearm in your home. The IL Sup. Ct. ruling is on a technical issue that no appeal directly from the trial court to the Supreme Ct. was appropriate here. Generally, when a statute is found unconstitutional, the case is directly appealed to the IL Sup. Ct. However, where the issue could have been decided by the trial court without determining whether the statute is constitutional, then the trial court is limited to just applying the statute. Here, the trial court found that the FOID statute did not apply in the home so the accused could not be prosecuted. The Supreme Ct said that the trial court's job was over once that determination was made and whether the FOID act was constitutional did not need to be addressed by the trial court. Because of that, the IL Supreme Court did not have jurisdiction to hear the constitutional question of whether the FOID act is unconstitutional. The IL Supreme Ct also did not have jurisdiction to determine whether the FOID act applies to guns in the home since that is not a constitutional issue that could be appealed directly to the Supreme Ct. So now, the case goes back to the trial court and the decision will reissue with a not guilty finding based on the trial court's determination that the FOID act does not apply to guns in the home. The big question is whether the state will appeal that decision to the intermediate level appellate court. As I already noted, the entire issue could end up right back at the Supreme Court. This seems like a decent interpretation of all of that confusing "mumbo jumbo" about whether or not they they could hear the case. So if the FOID does not apply to the home, how does this person in the case, purchase new ammo, make sure the firearm is working and trains with it (takes it to the range), or purchase a new replacement one for use in the home? They can not do any of those things without a valid FOID, which means the FOID is in the way of "Home use"? Does this also mean that you can not, as an illinois resident go hunting without a FOID? Link to comment Share on other sites More sharing options...
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