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Re: Denied Illinois FOID card
Posted by -- on 1/16/08

    On 1/16/08, Captain America wrote:
    > I am mainly talking about the Illinois Constitution. The State of Illinois adopted the Federal constitution by
    > vote, so they must follow it, until they have a re- vote not to. And the Illinois constitution states this.
    > SECTION 22. RIGHT TO ARMS
    > Subject only to the police power, the right of the
    > Individual citizen to keep and bear arms shall not be infringed.
    > (Source: Illinois Constitution.)


    OK I see what you are concern is. The state Constitution IS controlling on Illinois gun rights. The argument
    will be what does "subject to police power" means. I don't know. If you want to challenge the FOID card under
    the Illinois Constitution you have an actionable case in Illinois state court. If you want to challenge it under
    the US Constitution you will likely not prevail under current Supreme Court interpretation of the 2nd Amendment.

    My earlier point was that state law and not the 2nd Amendment will be controlling on a challenge to the FOID
    card. The Illinois Constitution says clearly that it applies to "individual citizens" and the words "shall not be
    infringed" does mean by Illinois.

    You should give a challenge a try if you feel strongly enough to fund a suite. Just a suggestion: try to stay
    away from allegations of "treason" and other such hyperbole. Also don't hang your hat on a violation of the 2nd
    Amendment, that is your most unlikely place to look for support. Challenging the FOID card under the Illinois
    Constitution is your best chance. I do sincerely wish you success in challenging the FOID.

     
     

 
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