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Re: Denied Illinois FOID card
Posted by -- on 6/29/08

    On 6/29/08, FOID SYSTEM IS UN-CONSTITUTIONAL wrote:
    > That’s exactly what I mean, you stated this” I think you did some time in a rubber room
    > and now they won't let you own a gun” Just because one person at the State Police decides
    > you are a mental reject for some reason, don’t you think they should have proof, or do you
    > think the State police should decide their decision on your religion, sex, color, or
    > assumptions the officer compiled from your past enemies, trying to cause you pain, or
    > Information from some stranger? Scenario what if I said to the state police I thought you
    > were a mental case, do you feel that’s enough information for the State Police to refuse
    > your rights? I have never been in a rubber room, if I had, I would agree with you about
    > having a gun. I just think the State police should have some kind of legal proof that
    > confirms denial of a foid card, not hear say from some nut case talking garrabage about
    > you. That captain America stuff is funny; you seem to be an ok person, just different
    > views then me.

    Well -- there is nothing on the application about police discretion in denying a permit. I
    agree that you should be afforded some sort of due process in review of that decision. Have
    you been given the opportunity of judicial review of the decision to deny the permit? If you
    have been arbitrarily denied a permit without at least colorable grounds then it is not the
    second amendment that has been violated but perhaps the Fourteenth.

    My point was that the FOID policy as stated on the application appears to pass constitutional
    scrutiny, even under the Heller decision. However, police abuse of an otherwise good process
    would be an equal protection or due process issue. I obviously don't know enough about why
    the police denied you to comment. Sorry.

     
     

 
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