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Castillo V Raoul, FOID and CCL Age Requirements


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Recently filed, Castillo v Raoul could lower the age requirement from 21 to 18 for FOID and CCL.

 

https://medium.com/@alphakoncepts/castillo-v-raoul-an-illinois-case-d3f41929af0d

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Docket (filed in the Federal District Court of Northern Illinois)

 

There's not much in the CourtListener docket as I post, not even the complaint. CourtListener should have a copy within 24 hours after its filed, so probably tomorrow.

 

Alpha Koncepts blog said:

...

Should this case prove favorable for firearm freedoms, it could lower the age to obtain an Illinois FOID and Concealed Carry License to 18, rather than 21.

 

I think you mean "lower the age to obtain an Illinois FOID" without parental consent. (A newborn infant can have a FOID.) Lowering the age to obtain a CCL to 18 could be interesting.

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Yes same difference.

 

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Complaint said:

This action for deprivation of civil rights under color of law challenges the legislative scheme in Illinois which prohibits 18-20 years from obtaining concealed carry licenses ... Plaintiff is 19 years old. On 10/7/2020 Plaintiff was arrested and charged with carrying concealed weapons in Lake County Illinois

...

Plaintiff challenged this law in the People of the State of Illinois v. Elmer Castillo ... by filing a motion to dismiss raising this same argument.

 

On July 13th, 2022, The trial court found that the statutes were constitutional because a person under 21 can obtain parental permission to obtain a foid card, did not rule on the concealed carry ban issue at all despite being presented with such issue, and held that People v. Mosley ... and In re Jordan G. ... allow for such prohibition.

...

 

Castillo also petitioned for an injunction to stop the prosecution against him in Lake County. The court has ordered Castillo to show cause by August 16 why this case should not be dismissed. (Federal courts are not to be used to interfere with ongoing cases in state courts.)

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  • 3 weeks later...

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