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Can we do something radical and challenge the constitutionality of part of the Illinois Constitution, the beginning part of section 22?

 

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SECTION 22. RIGHT TO ARMS Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.

 

Challenge in Federal Court this red part of the Illinois Constitution.      This cannot stand under Bruen.   Eliminate the first part and it is far easier to fight these ridiculous commie laws. 

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On 5/3/2023 at 8:57 AM, BobPistol said:

Can we do something radical and challenge the constitutionality of part of the Illinois Constitution, the beginning part of section 22?

 

 

Challenge in Federal Court this red part of the Illinois Constitution.      This cannot stand under Bruen.   Eliminate the first part and it is far easier to fight these ridiculous commie laws. 

not with this legislature

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1. FOID  needs to be eliminated. 

2. The conceal carry act needs to be eliminated also. We now have 27 states that are constitutional carry / permit less carry.

3. We should be able to carry open or concealed.  That should be an individuals decision, not the government. 

4. The 72 hour waiting period needs to go. 

5. Prohibited locations should be minimal.  

6. Schools should be able to arm anyone necessary to protect our kids. In my case grandkids.  

That's all for now, above items are in no order of priority.  

KING

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Red Flag Law

 

PARTICULARLY since other courts have now ruled them Unconstitutional.

 

This is currently THE biggest threat to a perons right to keep and bear arms.  AND, we have seen this Legislature has and will keep adding on to it to make it more and more Unconstitutional, and easier to strip rights from people.

Edited by cybermgk
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On 5/3/2023 at 11:13 AM, THE KING said:

1. FOID  needs to be eliminated. 

2. The conceal carry act needs to be eliminated also. We now have 27 states that are constitutional carry / permit less carry.

3. We should be able to carry open or concealed.  That should be an individuals decision, not the government. 

4. The 72 hour waiting period needs to go. 

5. Prohibited locations should be minimal.  

6. Schools should be able to arm anyone necessary to protect our kids. In my case grandkids.  

That's all for now, above items are in no order of priority.  

KING

Completely agreed, but I’d prioritize #5. I’ve filled out FPC’s plaintiff request for this in the past but never heard back. 
 

Also add on reciprocity/recognition or non-residency eligibility. Aside from the ordinary movement of people in a modern society, snowbirds are particularly disenfranchised. My dad spends winters in FL and summers here. He lost his 2A rights for half of the year because he got a FL drivers license. 

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Public transit is absolutely the priority but that's already being attacked.  

 

cool down period.

 

foid card (also being challenged).

 

CCL 

 

melting point law

 

 

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On 5/3/2023 at 10:49 AM, Molly B. said:


Challenge the ban on full auto.

There is a case for this. Same lawyer as the Solomon case.

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My list in rough order of priority:

  1. Eliminate the FOID - this one is particularly egregious when the ISP cannot be held to the deadlines required of them by state law and they have been regularly in violation for literally decades.
  2. State Dealer licensing - How this one has not had a dozen challenges just on how it was enacted, let alone the 2a related issues is beyond me.
  3. Red Flag laws - our is better than some, but still not constitutional
  4. Reduce the CCL sensitive areas to the supportable minimums such as polling places, etc.
  5. Purchase Waiting Periods
  6. Excessive CCL training and cost requirements
  7. NFA item bans
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The FOID should come first. 

 

Now that face to face transfers are going away, there is no real need for a FOID.   It is redundant and just an obstacle people must jump over to be able to exercise 2A.

 

I also think our side needs to come up with a strategy for a lawsuit against legislative bodies that pull a New York style temper tantrum and pass the same law again, or a more restrictive law.  I know that the legal minds keep saying it cannot be done because the legislators have immunity, but how well did Bushmaster's immunity hold up after Sandy Hook?   Immunity evaporates if there was fraud.  And what constitutes fraud seems to vary judge by judge.   

 

When a legislator states something to the effect of,   It is probably unconstitutional and will likely get overturned, but we'll see you in court.  I believe that shows premeditation and a desire to infringe on the Second Amendment.  

 

 

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1. Eliminate the FOID act

2. Restrict concealed carry to truly sensitive places like jails, mental health facilities, elementary and secondary schools.

3. Abolish criminal sanctions for carrying in prohibited places by licensees

4. Reduce the number of hours for concealed carry licenses to 4 hours. 

5. Constitutional carry

 

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On 5/3/2023 at 2:23 PM, Molly B. said:

There are already foid, Suppressor, firrarm restaining order challenges.

But is there a federal FOID case? While I appreciate Guns Save Life getting the ball rolling, filing in state court instead of federal simply means that the appeal will eventually wind up in front of an unfriendly ILSC.

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1. Get rid of FOID and pay back my money they forced me to pay all these years.

2. Do away with CCL training, go constitutional carry. If you want a state license- 20 bucks.

3. Recognize every states ccl

4. Do away with suppressor ban

5. Open carry

6. Hold these maggots who knowingly pass unconstitutional laws accountable and I mean jail time and loss of all benefits

7. And that is enough for now

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The FOID should be challenged, or perhaps start with something like the waiting periods or the excessive CCL fee and training requirements. Also eliminating the criminal offense for carrying in prohibited locations, along with the public transportation ban, which is already being challenged.

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