With just days before the deadline to file an appeal passed, the Illinois Attorney General filed a motion to the Illinois Supreme Court appealing a Madison County Judge’s ruling on March 10th striking down the section of Illinois law allowing the Illinois State Police to suspend Firearm Owner ID Cards over mere arrests.
The judge ruled that ISP can only suspend or revoke FOID cards over felony convictions, not arrests.
The Illinois Supreme Court has not yet scheduled the case for briefs and arguments.
Here’s a snippet from the original story we ran on this:
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…
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: