JGalt
Diamond Member
- Mar 9, 2011
- 71,905
- 87,288
You don't need a picture id, we shouldn't need it for voting as it is our constitutional right.In Illinois, in order to buy a gun, you have to get a Firearm Owners Identification Card.....and pay a fee and go through a background check....
An Illinois judge just declared this UnConstitutional....and it is about freaking time.......
The case of Illinois v. Vivian Claudine Brown been in the state court system for several years, now, and today’s decision is actually the second time that a judge has ruled Brown’s possession of a bolt-action rifle shouldn’t have been a crime, even though she didn’t possess a valid FOID card. Last year the Illinois State Supreme Court declared that the judge had unnecessarily ruled on the constitutionality of the FOID statute and sent the case back down to the Circuit Court for further review.
Well, that review has been made, and once again we have a declaration that the FOID requirement is a violation of the Second Amendment. In a thorough analysis of the state’s FOID law, Judge T. Scott Webb makes the astute observation that under Illinois law no one really has the right to keep and bear arms, even in their home. Instead, everyone is considered a prohibited person unless and until they fork over money to the state for a permission slip. Webb says that the entire process is “inverted,” adding:
The burden should be on the state to demonstrate that a citizen has committed an act thereby disqualifying them from being in the group of people that already possess a Second Amendment right. Instead, the opposite is true. A citizen in the state of Illinois is not born with a Second Amendment right. Nor does that right inure when a citizen turns 18 or 21 years of age. It is a facade. They only gain that right if they pay a $10 fee, complete the proper application, and submit a photograph.
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Even in the best of circumstances, Illinois’ FOID requirement is an egregious abuse of government power, but the issue has become even more acute over the past year as the state has allowed tens of thousands of FOID applications to pile up. It’s taking an average of four months for the Illinois State Police to process a FOID application, which means people trying to exercise their Second Amendment rights are being forced to wait for weeks on end for permission to exercise a constitutionally protected right.
Rights are not absolute, and are subject to stipulations or even revocation. Would you want convicted felons, illegals, or minors having to right to possess a firearm?
The judge made a ruling, anybody can have a gun!!
Anybody already has a gun in Illinois. The FOID hasn't stopped criminal blacks from murdering each other in Chicago, has it?