Illinois Supreme Court hears FOID, double jeopardy cases – Center Square

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.
6 Comments
Newest
Oldest Most Voted
Inline Feedbacks
View all comments
David F
2 months ago

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?

PPF
2 months ago
Reply to  David F

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 »

Irish Patriot
2 months ago
Reply to  PPF

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 »

PPF
2 months ago
Reply to  Irish Patriot

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 »

Irish Patriot
2 months ago
Reply to  PPF

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 »

PPF
2 months ago
Reply to  Irish Patriot

“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 »

SIGN UP HERE FOR FREE WIREPOINTS DAILY NEWSLETTER

Home Page Signup
First
Last
Check what you would like to receive:

FOLLOW US

 

WIREPOINTS ORIGINAL STORIES

WE’RE A NONPROFIT AND YOUR CONTRIBUTIONS ARE DEDUCTIBLE.

SEARCH ALL HISTORY

CONTACT / TERMS OF USE