https://foxbaltimore.com/news/nation-world/illinois-judge-rules-foid-card-unconstitutional
Judge said citizens born with right, not to be blessed by the state.
Judge said citizens born with right, not to be blessed by the state.
Will this affect striking down the MD HQL?
Yaaasss. Someone here posted a photo of their dad's FOID card. I'd never heard of such a thing and thought "that's some fascist $hit." I'm glad to hear that it may be coming to an end.
Not without Illinois appealing the decision and having it chased up through federal court, circuit court, and eventually to SCOTUS (since we're not in the same circuit as IL). And that presumes that IL would take the time and effort to appeal it all that way, which I seriously doubt.
Now, does it help MSI's counter-HQL efforts to be able to point to this very related ruling in another state as they work it here in Maryland? Can't hurt. But as it sits, this ruling in IL doesn't make anything happen in MD.
This is what torques me about the Federal Circuit system. Why are the laws between the several federal circuits different? Why is an FOID that is ruled as unconstitutional in one circuit not unconstitutional in another circuit.
Here's the IL Circuit Court Opinion:
https://illinoiscarry.com/forum/index.php?app=core&module=attach§ion=attach&attach_id=30024
Isn't that where the SCoUS should step in.
Isn't that where the SCoUS should step in.
Will this affect striking down the MD HQL?
Not without Illinois appealing the decision and having it chased up through federal court, circuit court, and eventually to SCOTUS (since we're not in the same circuit as IL). And that presumes that IL would take the time and effort to appeal it all that way, which I seriously doubt.
Now, does it help MSI's counter-HQL efforts to be able to point to this very related ruling in another state as they work it here in Maryland? Can't hurt. But as it sits, this ruling in IL doesn't make anything happen in MD.
This is a state court issue. It was in the IL Circuit Court, which is the lowest level court in IL. https://en.wikipedia.org/wiki/Judiciary_of_Illinois This is also an as-applied challenge which means it only applies to the defendant. The ruling does not even apply to others in IL.
This is what torques me about the Federal Circuit system. Why are the laws between the several federal circuits different? Why is an FOID that is ruled as unconstitutional in one circuit not unconstitutional in another circuit.
This is what torques me about the Federal Circuit system. Why are the laws between the several federal circuits different? Why is an FOID that is ruled as unconstitutional in one circuit not unconstitutional in another circuit.