vito Posted March 20, 2021 at 02:28 PM Share Posted March 20, 2021 at 02:28 PM With the endless delays in FOID processing and renewals, I wonder if a potential gun owner that had applied for his or her FOID, and while awaiting the approval secured a firearm from a friend or relative, and subsequently was arrested and charged with owning a gun without a FOID could get the charge dismissed by a judge based upon the State's failure to meet the law. Morally the person would be in the right, but whether or not a judge would take it upon himself or herself to dismiss the charge is another matter. Maybe a case like this, with the charges dismissed, would be the way to get the State to finally meet its legal obligations. Link to comment Share on other sites More sharing options...
Bubbacs Posted March 20, 2021 at 04:52 PM Share Posted March 20, 2021 at 04:52 PM Buying and then getting caught would not only lose you your rights but the seller (friend) would lose too!These what if situations almost never have a direct answer.But finding a prosecutor AND a judge to dismiss an illegally purchased firearm in Illinois would be the needle in a hay stack.Morally knowing you have broken the law would negate the person being morally right! Good Luck Link to comment Share on other sites More sharing options...
mikew Posted March 20, 2021 at 06:06 PM Share Posted March 20, 2021 at 06:06 PM Without prosecution you don't need a judge. I wonder how many are stopped and not arrested? Arrested and released without charges? In Cook Co? Everywhere else? Link to comment Share on other sites More sharing options...
Euler Posted March 20, 2021 at 06:18 PM Share Posted March 20, 2021 at 06:18 PM ... [Possession of a Firearm Without a FOID Card] is a Class A misdemeanor when the person does not possess a currently valid Firearm Owner's Identification Card, but is otherwise eligible under this Act. A second or subsequent violation is a Class 4 felony. It would be better to bring a suit before breaking the law that an eligible person is prevented from exercising a protected right, but there are already several such cases. Link to comment Share on other sites More sharing options...
Bitter Clinger Posted March 21, 2021 at 06:02 PM Share Posted March 21, 2021 at 06:02 PM Does the whole "possession" thing still hold water after that one case where the FOID was found unconstitutional? Link to comment Share on other sites More sharing options...
Euler Posted March 21, 2021 at 06:29 PM Share Posted March 21, 2021 at 06:29 PM Does the whole "possession" thing still hold water after that one case where the FOID was found unconstitutional? The state supreme court reversed that finding. Link to comment Share on other sites More sharing options...
bmyers Posted March 21, 2021 at 06:35 PM Share Posted March 21, 2021 at 06:35 PM Buying and then getting caught would not only lose you your rights but the seller (friend) would lose too!These what if situations almost never have a direct answer.But finding a prosecutor AND a judge to dismiss an illegally purchased firearm in Illinois would be the needle in a hay stack.Morally knowing you have broken the law would negate the person being morally right! Good Luck But what if the law itself is an immoral law? Link to comment Share on other sites More sharing options...
Bubbacs Posted March 21, 2021 at 08:08 PM Share Posted March 21, 2021 at 08:08 PM Sorry but moral and immoral wouldnt be a pro 2a argument would it? Link to comment Share on other sites More sharing options...
Euler Posted March 21, 2021 at 08:38 PM Share Posted March 21, 2021 at 08:38 PM But what if the law itself is an immoral law? If you personally think a law is somehow immoral or otherwise defective, so you're not going to follow it, you should probably consult an attorney, since it would otherwise be indistinguishable from just ignoring laws to commit crimes. There are already lots of sovereign citizens running around doing whatever they want, because they say they don't recognize the authority of various levels of government to enact laws. If you want to take a stand and publicly protest a law through civil disobedience, either on your own or as part of a larger movement, then you have right to state your opposition. You should also be prepared to be arrested, tried, and convicted. Link to comment Share on other sites More sharing options...
tseeker Posted March 24, 2021 at 02:20 AM Share Posted March 24, 2021 at 02:20 AM Unless the gun were found as part of some drug bust or search, the state would never know that the person possessed the hypothetical firearm anyway. If the person used the hypothetical firearm in justifiable defense life, I believe it would be well worth the potential misdemeanor charge Your results may vary... Sent from my SM-N950U using Tapatalk Link to comment Share on other sites More sharing options...
bmyers Posted March 24, 2021 at 11:12 AM Share Posted March 24, 2021 at 11:12 AM But what if the law itself is an immoral law?If you personally think a law is somehow immoral or otherwise defective, so you're not going to follow it, you should probably consult an attorney, since it would otherwise be indistinguishable from just ignoring laws to commit crimes. There are already lots of sovereign citizens running around doing whatever they want, because they say they don't recognize the authority of various levels of government to enact laws. If you want to take a stand and publicly protest a law through civil disobedience, either on your own or as part of a larger movement, then you have right to state your opposition. You should also be prepared to be arrested, tried, and convicted. Yep, glad our founding fathers were willing to take that risk or we wouldn't even be having this discussion. Link to comment Share on other sites More sharing options...
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