2aguy
Diamond Member
- Jul 19, 2014
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Any tax or fee on the exercise of a Right is unConstitutional.....see Murdock v Pennsylvania, and now a judge in Illinois, even with morons in charge of the state, finds the FOID card, unConstitutional.....the card is required in Illinois to own a gun...
Illinois Circuit Judge Rules FOID Card Unconstitutional; Attorney General Reportedly Appealing to IL Supreme Court - The Truth About Guns
The case began with the March 2017 arrest of a now-divorced, 4′ 11″ fifty-something woman for the high crime of possessing a single-shot .22 rifle for self-defense. Obviously, she’s not exactly Bonnie Parker of Bonnie and Clyde fame. She failed to have a FOID card for her rifle, despite eligibility to receive one. In February 2018, a White County judge ruled the FOID Act unconstitutional.
10. In this case the facts show the defendant possessed a gun, in her house, for the purpose of self-defense without a FOID card. To require the defendant to fill out a form, provide a picture ID and pay a $10 fee to obtain a FOID card before she can exercise her constitutional right to self-defense with a firearm is a violation of the Second Amendment to the United States Constitution as applied to the States and a violation of Article I, Section 22, of the Constitution of the State of Illinois, as applied to this case only.
11. Based upon the forgoing, the Court finds 430 ILCS 65/2(a)(l) unconstitutional as applied to this case.
Motions and counter-motions poured in, and in October 2018, the judge reaffirmed his ruling and expanded upon it.
3. The Court supplements its ruling of February 2, 2018, as follows:
a. To comply with 430 ILCS 65/2(a)(l) a person must have a FOID card on their person when in either actual or constructive possession of a firearm or ammunition. Owning a FOID card is insufficient to comply with the statute. See People v. Eldens, 63 Ill.App.3d 554 (Fifth Dist. 1978) and People v. Cahill, 37 Ill.App.3d 361 (Second Dist. Second Div. 1976). A person is in constructive possession of a firearm or ammunition when: (1) The person has knowledge of the presence of a weapon or ammunition, and (2) That person is in immediate and exclusive control over the area where the firearm or ammunition is located.
Due to the language of 430 ILCS 65/2(a)(l) and the Court’s interpretation of the statute, it is clear that compliance is impossible when one is in ·their own home. No person could have their FOID card on their person 24 hours each and every day when firearms or ammunition are in the house.
In addition, every person in the home (family member, friend, spouse, etc.) who has knowledge of the firearms or ammunition and has immediate and exclusive control of the area where the firearms or ammunition is located, who does not have a FOID card, would be in violation of the statute.
Thus, 430 ILCS 65/2(a)(l) is unconstitutional, as applied to this defendant, because it is impossible to comply in the person’s .own home. As an alternative, if 430 ILCS 65/2(a)(l) is constitutional then it becomes obvious the legislature did not intend the ~tatute to apply in one’s own home due to impossibility of compliance.
Illinois Circuit Judge Rules FOID Card Unconstitutional; Attorney General Reportedly Appealing to IL Supreme Court - The Truth About Guns
The case began with the March 2017 arrest of a now-divorced, 4′ 11″ fifty-something woman for the high crime of possessing a single-shot .22 rifle for self-defense. Obviously, she’s not exactly Bonnie Parker of Bonnie and Clyde fame. She failed to have a FOID card for her rifle, despite eligibility to receive one. In February 2018, a White County judge ruled the FOID Act unconstitutional.
10. In this case the facts show the defendant possessed a gun, in her house, for the purpose of self-defense without a FOID card. To require the defendant to fill out a form, provide a picture ID and pay a $10 fee to obtain a FOID card before she can exercise her constitutional right to self-defense with a firearm is a violation of the Second Amendment to the United States Constitution as applied to the States and a violation of Article I, Section 22, of the Constitution of the State of Illinois, as applied to this case only.
11. Based upon the forgoing, the Court finds 430 ILCS 65/2(a)(l) unconstitutional as applied to this case.
Motions and counter-motions poured in, and in October 2018, the judge reaffirmed his ruling and expanded upon it.
3. The Court supplements its ruling of February 2, 2018, as follows:
a. To comply with 430 ILCS 65/2(a)(l) a person must have a FOID card on their person when in either actual or constructive possession of a firearm or ammunition. Owning a FOID card is insufficient to comply with the statute. See People v. Eldens, 63 Ill.App.3d 554 (Fifth Dist. 1978) and People v. Cahill, 37 Ill.App.3d 361 (Second Dist. Second Div. 1976). A person is in constructive possession of a firearm or ammunition when: (1) The person has knowledge of the presence of a weapon or ammunition, and (2) That person is in immediate and exclusive control over the area where the firearm or ammunition is located.
Due to the language of 430 ILCS 65/2(a)(l) and the Court’s interpretation of the statute, it is clear that compliance is impossible when one is in ·their own home. No person could have their FOID card on their person 24 hours each and every day when firearms or ammunition are in the house.
In addition, every person in the home (family member, friend, spouse, etc.) who has knowledge of the firearms or ammunition and has immediate and exclusive control of the area where the firearms or ammunition is located, who does not have a FOID card, would be in violation of the statute.
Thus, 430 ILCS 65/2(a)(l) is unconstitutional, as applied to this defendant, because it is impossible to comply in the person’s .own home. As an alternative, if 430 ILCS 65/2(a)(l) is constitutional then it becomes obvious the legislature did not intend the ~tatute to apply in one’s own home due to impossibility of compliance.