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Judge finds Illinois firearms owner ID card unconstitutional

Posted on 4/29/21 at 5:39 pm
Posted by WPBTiger
Parts Unknown
Member since Nov 2011
30815 posts
Posted on 4/29/21 at 5:39 pm
LINK

quote:

A White County Circuit Court judge has again ruled Illinois’ Firearm Owner Identification Card is unconstitutional, setting the stage for the Illinois Supreme Court to reexamine the issue.

In 2017, Vivian Brown, an elderly resident of White County, was charged with violating the FOID card law for owning a rifle without possessing a FOID card.

In February 2018, the White County Circuit Court sided with Brown and found the FOID card law unconstitutional when applied to her case. The state appealed directly to the Illinois Supreme Court a few months later.


quote:

On Tuesday, White County Judge T. Scott Webb dismissed the charges against Brown and ruled the FOID card law was unconstitutional, saying it makes the Second Amendment a “facade” turning a right into a privilege.

“[T]he Court finds that any fee associated with exercising the core fundamental Constitutional right of armed self-defense within the convinced of one’s home violates the Second Amendment,” Webb wrote.

“[R]equiring a law-abiding citizen to obtain a FOID card and paying a $10 fee to exercise her Second Amendment right within the confines and privacy of her own home does little to protect the general public,” Webb wrote. “If the right to bear arms and self-defense are truly core rights, there should be no burden on the citizenry to enjoy those rights, especially within the confines and privacy of their own homes. A citizen’s Second Amendment rights should not be treated in the same manner as a driver’s license.”
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 4/29/21 at 5:43 pm to
based
Posted by texashorn
Member since May 2008
13122 posts
Posted on 4/29/21 at 5:45 pm to
This is a common-sense ruling against the idea of taxing one’s God-given right to defend themselves in their own home.
Posted by jlovel7
Louisiana
Member since Aug 2014
21301 posts
Posted on 4/29/21 at 5:46 pm to
White county is rural AF
Posted by TOSOV
Member since Jan 2016
8922 posts
Posted on 4/29/21 at 5:50 pm to
States are gonna give biden a reality check with messing with 2A. Good to see blue states getting in the mix too. Just hope SCOTUS realizes what the people want like they seem to consider with leftie garbage.

TX is going to at the least get it to a senate vote do citzens know who is getting in the way. It's a solid bill.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51386 posts
Posted on 4/29/21 at 5:51 pm to
quote:

“[R]equiring a law-abiding citizen to obtain a FOID card and paying a $10 fee to exercise her Second Amendment right within the confines and privacy of her own home does little to protect the general public,” Webb wrote. “If the right to bear arms and self-defense are truly core rights, there should be no burden on the citizenry to enjoy those rights, especially within the confines and privacy of their own homes. A citizen’s Second Amendment rights should not be treated in the same manner as a driver’s license.”


Imagine requiring $10 fee and a card before you could invoke your right to free speech. The Left would be apoplectic.
This post was edited on 4/29/21 at 5:52 pm
Posted by timdonaghyswhistle
Member since Jul 2018
16262 posts
Posted on 4/29/21 at 5:52 pm to
It's a sad state of affairs that I thought this was referring to the judge's race.

quote:

A White County Circuit Court judge


This post was edited on 4/29/21 at 5:52 pm
Posted by BarberitosDawg
Lee County Florida across causeway
Member since Oct 2013
9914 posts
Posted on 4/29/21 at 5:53 pm to
I went out to Missouri last year on a big game hunt and because of blue state rules used an alternate route that added 3 hours to my time just because I didn’t want to risk a legal confrontation. My weapons were dismantled and locked up in cases and so was my ammunition with keys in the locked front dash box.
I still didn’t want to go through Illinois with a weapon and ammunition on an interstate with destination documents and I’m a Georgia registered Carry permit.

It’s not worth the possible hassle.
Posted by CMBears1259
Baton Rouge
Member since Sep 2005
4019 posts
Posted on 4/29/21 at 5:55 pm to
quote:

It's a sad state of affairs that I thought this was referring to the judge's race.


I had the same initial thought.
Posted by Auburn1968
NYC
Member since Mar 2019
19260 posts
Posted on 4/29/21 at 5:56 pm to
quote:

Imagine requiring $10 fee and a card before you could invoke your right to free speech. The Left would be apoplectic.


Or a poll tax on voting...
Posted by jcaz
Laffy
Member since Aug 2014
15486 posts
Posted on 4/29/21 at 6:03 pm to
Imagine a fee being required to practice your 15th Amendment rights (voting).
Posted by PsychTiger
Member since Jul 2004
98647 posts
Posted on 4/29/21 at 6:07 pm to
quote:

Imagine requiring $10 fee and a card before you could invoke your right to free speech. The Left would only apply it to those on the Right.

Posted by TigerFanatic99
South Bend, Indiana
Member since Jan 2007
27423 posts
Posted on 4/29/21 at 6:13 pm to
quote:

A White County Circuit Court judge


So we can start capitalizing white people's race now too? Equal at last!
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
11779 posts
Posted on 4/29/21 at 6:33 pm to
No poll tax, no gun licensee tax
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