In a 2-1 split decision the Illinois Fourth District Court of Appeals ruled against GSL in our challenge to Illinois’ FOID card scheme. Yes, the FOID is clearly unconstitutional, and yes, there is no historical analogue for the FOID card from the colonial times. However, the two judges ruling against us ignored all of that, as well as the Bruen precedent to reach their respective “creative” opinions siding against us.
Maybe those two judges who ruled against us had a case of the munchies and made a joint run to a nearby dispensary to stock up on a tray of brownies and a few bags of gummy bears prior to writing their opinions upholding the FOID Act.
More likely, those two judges didn’t want their entire careers to be known for only one thing: striking down the crown jewel of racist gun control in Illinois. Obviously if either had ruled the FOID Act unconstitutional, it would have created a political earthquake in Illinois powerful enough to make parts of Chicago slide off into Lake Michigan.
For strategic reasons, GSL will not appeal the faulty decision from the Fourth. Here’s why: We don’t expect the Illinois Supreme Court to rule our way. Not when the US Supreme Court flat out refuses to hold lower courts accountable for ignoring the Second Amendment and the Bruen precedent.
If we lost at the Illinois Supreme Court and then petitioned for a writ of certiorari from the US Supreme Court, we’re not at all confident that SCOTUS would accept the case. In fact, given the recent posture of John Roberts and crew towards strong gun rights cases, our legal team believes an appeal in our case would be rejected outright.
SCOTUS refusing to take a challenge to a FOID Card scheme in Illinois would effectively mean that the US Supreme Court doesn’t have a problem with licensing people to exercise a fundamental constitutional right.
You know what would happen after that: deep blue gun-hating pols in other states like California, Colorado, New York and similar jurisdictions would rush out to establish FOID card schemes in their respective states, knowing the courts would ultimately not strike down these new gun control laws.
So yes, aggressive advocacy including litigation has its place. Moreover, we owe a great debt of gratitude to the National Rifle Association’s Institute for Legislative Action for their behind the scenes help in his filing. In not pursuing this appeals process, we have the support of NRA-ILA in making this final decision. They believe this is the right course of action. Sometimes we need to think a few steps ahead. After all, we’re not playing checkers here.
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