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Guns Save Life vs Kwame Raoul- Challenges FOID Act


Molly B.

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On 7/18/2023 at 6:43 PM, Upholder said:

Held to be constitutional in all respects.

 

 

I'm not the least bit surprised.

 

We need federal cases, not state.

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On 7/18/2023 at 7:27 PM, MrTriple said:

I'm not the least bit surprised.

 

We need federal cases, not state.

I don't think we would fare much better unless we make it to SCOTUS. Look at the PICA case, after NYSRPA, it should be a slam dunk on the 2A side.

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On 7/18/2023 at 9:45 PM, ealcala31 said:

I don't think we would fare much better unless we make it to SCOTUS. Look at the PICA case, after NYSRPA, it should be a slam dunk on the 2A side.

It isn't so much a question of reliability, it's more a question of what sort of arguments would be presented in federal versus state court.

 

If we want SCOTUS to take a FOID case, the questions presented in the lower courts need to directly address the merits of the FOID Act, but in a manner that the High Court would be willing to accept them.

 

As we saw with Brown, the State Supreme Court went out of it's way to avoid addressing the Second Amendment question and tried getting the case thrown out on some other basis. If Brown were appealed to SCOTUS they'd likely reject it for that reason.

 

That's because the State Supreme Court cannot rule on the FOID without dooming it. If they uphold it, that opens a path straight to SCOTUS. And they will never strike it down, so that isn't even worth mentioning. More likely than not they'll pull another Brown in this case, as it's the only viable option available to them.

 

Any FOID lawsuit must be federal.

Edited by MrTriple
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The FOID may not be the right thing to do, but that doesn’t mean it’s unconstitutional. I have had mine 52 years, was told it’s likely unconstitutional when I applied back then. Been told the same numerous times over the 50+ years. I don’t/we don’t like it, but that doesn’t make it unconstitutional. Only the last highest courts can settle it, if they decide to take a case. 🤞not holding my breath.

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On 7/18/2023 at 10:15 PM, MrTriple said:

It isn't so much a question of reliability, it's more a question of what sort of arguments would be presented in federal versus state court.

 

If we want SCOTUS to take a FOID case, the questions presented in the lower courts need to directly address the merits of the FOID Act, but in a manner that the High Court would be willing to accept them.

 

As we saw with Brown, the State Supreme Court went out of it's way to avoid addressing the Second Amendment question and tried getting the case thrown out on some other basis. If Brown were appealed to SCOTUS they'd likely reject it for that reason.

 

That's because the State Supreme Court cannot rule on the FOID without dooming it. If they uphold it, that opens a path straight to SCOTUS. And they will never strike it down, so that isn't even worth mentioning. More likely than not they'll pull another Brown in this case, as it's the only viable option available to them.

 

Any FOID lawsuit must be federal.

It's unfortunate to say that even by posing a rational argument, one that SCOTUS will accept, will still force it to go to SCOTUS. The rest of the Courts in the state and federal level know the same thing, as you stated above, if they rule against it they will doom it. The majority of the IL Court System, whether state or federal, will look at a finding that will appease the political powers that be. It is really difficult, during this time in America, to trust the Criminal Justice System to do what it was intended to do. I will fight, but I have lost faith...

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On 7/18/2023 at 10:49 PM, lilguy said:

The FOID may not be the right thing to do, but that doesn’t mean it’s unconstitutional. I have had mine 52 years, was told it’s likely unconstitutional when I applied back then. Been told the same numerous times over the 50+ years. I don’t/we don’t like it, but that doesn’t make it unconstitutional. Only the last highest courts can settle it, if they decide to take a case. 🤞not holding my breath.

ALL gun laws are unconstitutional. ALL.

But having said that, paying to exercise a right is unconstitutional. Having to wait to exercise a right is unconstitutional? Losing your right on a whim or technicality is unconstitutional. 
 

Edited by AlphaKoncepts aka CGS
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  • 4 months later...
  • 2 weeks later...

Wasn't there a case in the last 5-10 years where a woman (middle-aged to elderly), possibly in Cook County, was arrested & charged for having a handgun in her home for her defense?  The catch was she didn't have a FOID.  IIRC, the court decided that this woman was entitled to keep the gun w/o a FOID as the gun never left the house.

Anybody remember this case? 🤔

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  • 11 months later...
On 11/14/2024 at 11:07 PM, Upholder said:

This has always been a state case, not a federal one.

Hmm, I thought it had been removed to federal.

 

That being said, I still don't understand why they're filing in state court when that's never gonna pan out. The strategy, if there even is one, isn't a smart strategy at all.

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On 11/15/2024 at 8:42 AM, MrTriple said:

Hmm, I thought it had been removed to federal.

 

That being said, I still don't understand why they're filing in state court when that's never gonna pan out. The strategy, if there even is one, isn't a smart strategy at all.

 

Get your losses quickly and appeal straight to SCOTUS. I can't make sense of it myself. 

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