In a stunningly “brave” opinion, the Land of Lincoln’s Fourth Circuit Court of Appeals ruled that the FOID Act – the crown jewel of racist gun control in Illinois – does not run afoul of the Second Amendment. The 2-1 decision upholding the FOID Act gave us not one, but two creative legal interpretations on how to side-step “shall not be infringed” along with the US Supreme Court’s Bruen decision and its “text, history and tradition” standard by which gun control laws are to be evaluated by inferior courts.
Yep. Just as the courts and government units frequently tried to side-step or ignore the landmark US Supreme Court ruling in Brown v. Board of Education which ended racial segregation in public schools, many courts have gone out of their way to ignore or outright flout the Bruen precedent they are bound by law to follow.
And just as Brown v. Board of Education had racial implications, so too does the Illinois FOID Act.
Here’s the transcript of a recording of a conversation then Mayor Richard Daley had with then President Johnson. (Thank you to Mom-At-Arms for this!)
Well, as good as they can be, but we need some kind of federal help to shut off this gang situation. This gang situation in New York, in Los Angeles, in Philadelphia, in Cleveland, in Pittsburgh, in Detroit, in San Francisco, is no good. And if it’s allowed to go unabated, if it’s allowed to go and fester the way it is . . . The majority of them are headed, as you know, by ex-convicts: dope pushers, robbery with a gun, all of this kind of business. And there—something has to be done, Mr. President, on the sale of the guns. We—Outside [in] the suburbs—in the city we have control—but what the hell, in the suburbs that are—you go out to all around our suburbs and you got people out there, especially the non-white, are buying guns right and left. You got guns and rifles and pistols and everything else. There’s no registration; there isn’t a damn thing. Something has to be done under this gun law because, you see, the same thing happened in Cleveland that happened here—snipers shooting off the roof at police. Well, where the hell did they get the weapon?
Here’s the opinion. It’s almost 100 pages long.
Sorry, I had to skip to Justice DeArmond’s dissent about half-way through the majority opinion. I was afraid they were going to be reaching into their constitutional interpretations on how laws pertaining to pears, plums and persimmons factored into their holdings, my gawd.
Jon Boch, thanks for your work on this. Keep up the good work, we’ll get rid of the FOID eventually! I do have a question for you on another topic. Now that we have Karina’s Law, that requires a search warrant for guns to be removed if the petitioner requests and is granted an order of protection, how does this actually play out? So take an example that would potentially turn into a gun confiscation for bystanders that are not even involved. Suppose two people in the house you live in are involved in a domestic violence situation and a search warrant to remove guns in granted, would legal FOID card holders in the house have THEIR guns taken just because they happen to live in the same house where the domestic violence situation occurred? Assume all guns and gun parts are in safes so the respondent of the domestic violence restraining order would not have access. Only the legal FOID holder has access. Jon do you or anyone else know how this plays out?
Does this make SCOTUS the next step, or where/what?
SCOTUS seems to have no problem letting Marxist run inferior courts shit all over the Bruen decision.
We need to let FOID card supporters ( especially politicians ) know the true history of the FOID card and then openly call them racists for supporting it.
Until the supremes rule on all these lower level courts thumbing their collective noses. At the constitution and the 2nd Amendment. We’ll continue to see the current judicial coup. And even then it will take the DOJ’s active enforcement to address things.
robe-*******, keep sucking gun control dick
After looking at USCCA reciprocity map I have these questions:
1. If IL does not honor any other state’s CCL reciprocity; and
2. If Arkansas, Idaho, Mississippi, Nevada and Texas residents, meeting certain qualifications, can be issued an out-of-state resident IL CCL permit; and
3. If IL DOES NOT issue FOID cards to out-of-state residents (see 2. above); then
4. Why-in-thunder do IL residents need a FOID card in conjunction with or without any IL CCL
permit???