IL FOID blocked

press1280 said:

There will be if this moves up the chain some more and the IL Supremes also strike the FOID. Then it lays the groundwork for a split.
It would essentially force the basic question whether a license requirement to own a firearm is constitutional or not.

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danb said:

IL statute invalidated based on 2nd Amendment. See post #31 above.

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Allen65 said:

That is a Circuit Court decision, not an IL Supreme Court decision, and it cited both 2A and the IL Constitution. SCIL can choose to overturn the circuit court and uphold the law, invalidate on a basis of the 2A, or invalidate on the basis of the IL state constitution. I do agree that if SCIL invalidates the law on the basis of Federal 2A, the IL AG could petition SCOTUS to overturn SCIL. But if SCIL only cites the IL Constitution as a basis for invalidating the statute and chooses not to address the Federal issue in its decision, the Federal 2A issue is moot for this case because the law is struck at the state level.

Until SCIL rules, this discussion is hypothetical. And if the State prevails at SCIL, the defendant still has a claim under Federal 2A. But as ESQ stated above, SCIL is the final authority of constitutionality of state laws under the state constitution.

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Allen65 said:

That is a Circuit Court decision, not an IL Supreme Court decision, and it cited both 2A and the IL Constitution. SCIL can choose to overturn the circuit court and uphold the law, invalidate on a basis of the 2A, or invalidate on the basis of the IL state constitution. I do agree that if SCIL invalidates the law on the basis of Federal 2A, the IL AG could petition SCOTUS to overturn SCIL. But if SCIL only cites the IL Constitution as a basis for invalidating the statute and chooses not to address the Federal issue in its decision, the Federal 2A issue is moot for this case because the law is struck at the state level.

Until SCIL rules, this discussion is hypothetical. And if the State prevails at SCIL, the defendant still has a claim under Federal 2A. But as ESQ stated above, SCIL is the final authority of constitutionality of state laws under the state constitution.

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esqappellate said:

I'll even go a step further. If the Illinois SCT invalidates the state law on both the State constitution AND the 2A, then the judgment would rest upon a fully independent and adequate state ground. See, e.g., Michigan v. Long, 463 U.S. 1032, 1040 (1983). The court “reviews judgments, not opinions.” Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842 (1984)

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