One appeal challenges the state's law prohibiting felons from possessing firearms, arguing it violates the Second Amendment. The other brings questions about double jeopardy in criminal proceedings within the State.
Just how many times does the FOID need to be found unconstitutional in the courts, but liberal judges constraint to just the degedent, before this will go away?
When was it found unconstitutional by SCOTUS? Provide a case that went to the Supreme Court and stated otherwise. While I tend to believe that the FOID card is probably unconstitutional (do we really need a license to exercise a constitutional right), it doesn’t appear that is clear from SCOTUS. Until such a ruling happens, I doubt the IL Supreme Court will change their opinion. This would also be a thorny issue for SCOTUS. Is it reasonable to require a license to exercise one’s second amendment rights? If not, could requiring an ID to vote also be considered violating peoples… Read more »
Only a Democrat would make the stupid argument that showing an ID to prove identity as a prerequisite to vote is the same as paying the government for a license to own a gun. They are not even remotely analogous, and there does not need to be any consistency between the two. The mere suggestion that a state ID is the same as a FOID card is in bad faith. To follow this ridiculous logic, if a state ID is enough to vote, it is also enough to own a gun; hence, no FOID card is necessary. There’s the consistency… Read more »
SCOTUS has never said that the FOID card is unconstitutional. You also clearly missed my point. I wasn’t saying the FOID card is the same as a state ID. If anything, I was making the argument that Democrats can’t hide behind a constitutional right and state that no requirements are allowed as we already need to show ID to purchase a handgun and in Illinois need a FOID card. Also, it’s my understanding that the current language in the SAVE act wants to require more than just an ID and possibly a birth certificate. Democrats want to claim this is… Read more »
The SCOTUS was not ‘fine’ with the ruling. Two justices I believe recommended to hear the case while 7 others declined to. However, that was a few years ago. This recent term they decided to address the same issue under a different case, which google tells me is called Wolford v. Lopez, and the SCOTUS BLOG informs me that “…virtually all of the court’s six Republican appointees seemed to agree with the challengers that the law, which requires the gun owners to obtain express permission from the property owner, violates the Second Amendment’s right to bear arms.” I also did… Read more »
“Two justices I believe recommended to hear the case while 7 others declined to” Thanks for the clarification. SCOTUS told them to bugger off 7-2. Maybe the new court will change their precedent but until then FOID card will remain law in Illinois. New York State Rifle & Pistol Association v. Bruen While this was a landmark ruling that disallowed the government to require a “special need” to carry a hand gun, Justice Kavanaugh and Chief Justice Roberts wrote that states can still require permits, provided the rules are objective. As long as someone meets the requirements (background checks, fingerprinting,… Read more »
A largely unasked question is becoming glaring: Is Illinois doing all it should to use artificial intelligence to make government cost less and work better? So far, the evidence says no.
Just how many times does the FOID need to be found unconstitutional in the courts, but liberal judges constraint to just the degedent, before this will go away?
When was it found unconstitutional by SCOTUS? Provide a case that went to the Supreme Court and stated otherwise. While I tend to believe that the FOID card is probably unconstitutional (do we really need a license to exercise a constitutional right), it doesn’t appear that is clear from SCOTUS. Until such a ruling happens, I doubt the IL Supreme Court will change their opinion. This would also be a thorny issue for SCOTUS. Is it reasonable to require a license to exercise one’s second amendment rights? If not, could requiring an ID to vote also be considered violating peoples… Read more »
Only a Democrat would make the stupid argument that showing an ID to prove identity as a prerequisite to vote is the same as paying the government for a license to own a gun. They are not even remotely analogous, and there does not need to be any consistency between the two. The mere suggestion that a state ID is the same as a FOID card is in bad faith. To follow this ridiculous logic, if a state ID is enough to vote, it is also enough to own a gun; hence, no FOID card is necessary. There’s the consistency… Read more »
SCOTUS has never said that the FOID card is unconstitutional. You also clearly missed my point. I wasn’t saying the FOID card is the same as a state ID. If anything, I was making the argument that Democrats can’t hide behind a constitutional right and state that no requirements are allowed as we already need to show ID to purchase a handgun and in Illinois need a FOID card. Also, it’s my understanding that the current language in the SAVE act wants to require more than just an ID and possibly a birth certificate. Democrats want to claim this is… Read more »
The SCOTUS was not ‘fine’ with the ruling. Two justices I believe recommended to hear the case while 7 others declined to. However, that was a few years ago. This recent term they decided to address the same issue under a different case, which google tells me is called Wolford v. Lopez, and the SCOTUS BLOG informs me that “…virtually all of the court’s six Republican appointees seemed to agree with the challengers that the law, which requires the gun owners to obtain express permission from the property owner, violates the Second Amendment’s right to bear arms.” I also did… Read more »
“Two justices I believe recommended to hear the case while 7 others declined to” Thanks for the clarification. SCOTUS told them to bugger off 7-2. Maybe the new court will change their precedent but until then FOID card will remain law in Illinois. New York State Rifle & Pistol Association v. Bruen While this was a landmark ruling that disallowed the government to require a “special need” to carry a hand gun, Justice Kavanaugh and Chief Justice Roberts wrote that states can still require permits, provided the rules are objective. As long as someone meets the requirements (background checks, fingerprinting,… Read more »