We warned JB Pritzker, Rep. Bob Morgan, Senator Don Harmon and Attorney General Kwame Raoul. We told them that if they continue this jihad against the gun rights of the law-abiding in Illinois, they would have a lot less gun control in a couple of years than they had before. Well, Thomas Maag won a judgment in recent days that struck down the Illinois law that allowed the Illinois State Police to revoke FOID cards over arrests.
It’s been common practice for many years that the Illinois State Police revoke FOID cards for all felony arrests and even quite a few misdemeanor arrests. I’ve even had people tell me they’ve lost their FOID cards over DUI arrests.
In fact, that’s been one of my prime concerns as a law-abiding citizen who carries. If I smoke some mope trying to grab one of my kids, or rob me at knife point and I burn him down, I’ve always had worries that the ISP would revoke my FOID card and leave me and my family a sitting duck to retribution by the perp’s peeps.
Well, folks, not any more. Thanks to Thomas Maag.
Thomas Maag works as an attorney in Madison County Illinois (near St. Louis) that I have an increasingly high opinion of. He’s proving himself very skilled and increasingly experienced on 2A litigation.
You want examples: He won the class action lawsuit last year (or was it 2021?) that forced the ISP to stop tacking on a dollar to the $10 fee for FOIDs. Last I chatted with him, he had another similar suit against them for tacking on $3 and change to the CCW fees. And I believe he may have filed a class action against one of the CCW instructors who was cutting corners to scores (hundreds?) of CCW students who all got their training rejected by ISP, most of which happened after they got their licenses. (Usually what happens in these cases is that ISP gives former students 60 days to take their training over again from an approved instructor or their CCW license will be revoked and they can start from scratch on the application process.) Maag’s also got a suit challenging the new Illinois Firearms Ban Act which has been consolidated with others, including the GSL case, in Federal Court (IL Southern District).
His latest? Davis & Davis vs. Jeffrey Yenchko. In it, the ISP can only suspend or revoke FOID cards over felony convictions now, not arrests.
Kwame has the balance of 30 days to file an appeal of the case with the Illinois Supreme Court, after which the decision becomes permanent. Will Kwame appeal? Tactically, it would not be the smartest move, but Kwame the Magnificent has never, ever been accused of being a smart tactician. While Kwame might lose even more than this if he appeals this to the Illinois Supreme Court.
How so? If he loses he gains nothing but more humiliation. Even if he wins there, I suspect it could get an appeal to the federal court system – specifically the US Supreme Court. If SCOTUS is of the mind I think they are, if they GVR’d (grant certiori, vacate the lower court decision and remand it back) an IL Supreme Court decision supporting Kwame, that would then become national precedent nationwide that state and local government cannot suspend or revoke gun rights over an arrest.
Here’s the case: