Re: Denied Illinois FOID card

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Police power means right of the state to "regulate" for the health and SAFETY of its citizens.
Ill is regulating for the safey of its citizens who might have a gun. The constitution 14th Amendment "...pursiut
of "liberty". This means everyone is Free or have a right to marry. But the state "Polices" who can marry. Under
10 years old No right. But it says it in the constitution persuit of liberty will not work under the Police powers
granted to the government. Prisoners all should have guns because it is in the constitution. The state suspended
their rights of freedom and right to bear arms. Again Police power. The state is again saying people with mental
illness will be a threat to the safety of its citizens. No right no gun.

Res Ipsa Loquitur
On 1/16/08, -- wrote:

> 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.