Is Illinois the next "Bruen"?

[makijo]

FOID card blitz nearly 300 Illinoisans brought into compliance.

So could this be the next 'Bruen' type case brought before the courts. This appears to be way more aggressive than the may/shall issue scheme.

 

[Afrikeber]

Need more info on this? Is this confiscation due to red flag law?

 

[6-Pack]

Illinois State Police announced Wednesday that it has forced nearly 300 people in southern Illinois to give up ownership of their firearms after they had their firearms rights revoked.

It seems like they were revoked because they lost their 2A rights.

 

[Biggfoot44]

It seems like they were revoked because they lost their 2A rights.

Insufficient information in linked article . It was implied by State Police spokesman to be a unilateral overreach of Red Flag . We need to hear more from the IL based 2A Orgs for clearer picture .

 

[Allen65]

Insufficient information in linked article . It was implied by State Police spokesman to be a unilateral overreach of Red Flag . We need to hear more from the IL based 2A Orgs for clearer picture .

If I'm reading the online information correctly, the Clear and Present Danger finding that results in a FOID being revoked is administrative and doesn't involve a judge, unlike other Red Flag Laws. That should be constitutionally problematic.

 

[teratos]

If I'm reading the online information correctly, the Clear and Present Danger finding that results in a FOID being revoked is administrative and doesn't involve a judge, unlike other Red Flag Laws. That should be constitutionally problematic.

If they “lost their 2A rights” then that’s likely been handled in the courts and they are administratively revoking their FOID, and making sure they disposed of their firearms.

 

[Allen65]

If they “lost their 2A rights” then that’s likely been handled in the courts and they are administratively revoking their FOID, and making sure they disposed of their firearms.

Here is a link to the Clear and Present Danger Report and Finding Form:
https://isp.illinois.gov/StaticFiles/docs/FSB/FOID Appeal Forms/ClearAndPresentDanger.pdf

Here is the key phrase on it:
Notice: The Illinois State Police shall make the final determination regarding whether a clear and present danger exists for purposes of denying or revoking a FOID card pursuant to 430 ILCS 65/8(f).

No judge involved, the finding that revokes 2A rights is purely administrative by the State Police.

 

[teratos]

Here is a link to the Clear and Present Danger Report and Finding Form:
https://isp.illinois.gov/StaticFiles/docs/FSB/FOID Appeal Forms/ClearAndPresentDanger.pdf

Here is the key phrase on it:
Notice: The Illinois State Police shall make the final determination regarding whether a clear and present danger exists for purposes of denying or revoking a FOID card pursuant to 430 ILCS 65/8(f).

No judge involved, the finding that revokes 2A rights is purely administrative by the State Police.

Oh, interesting. Thanks for the link.

 

[Biggfoot44]

According to ISP Director Brenden Kelly , they are now disregarding the previous requirements of Impending , Imminent , Substantial , or Significant as regards to purported Danger , and interpreting " Danger " in broadest sense .

Implied was that " loss of 2A Rights " was primarily due to administrative revocation of FOID cards . without which IL residents cannot posses firearms .

It's supposition at this point , but it is likely that if actual convictions or court orders were involved , they would be screaming that fact loudly at non stop press conferences .

Standing by for boots on the ground news from IL State Rifle Association and IL Gun Owners .

 

[243hunter]

According to ISP Director Brenden Kelly , they are now disregarding the previous requirements of Impending , Imminent , Substantial , or Significant as regards to purported Danger , and interpreting " Danger " in broadest sense .

Implied was that " loss of 2A Rights " was primarily due to administrative revocation of FOID cards . without which IL residents cannot posses firearms .

It's supposition at this point , but it is likely that if actual convictions or court orders were involved , they would be screaming that fact loudly at non stop press conferences .

Standing by for boots on the ground news from IL State Rifle Association and IL Gun Owners .

Some of those revocation cases involve PD responding to a domestic disturbance call, and the PD filing clear and present danger reports for the parties involved which are no being used to revolve FOID cards, therefore they are loosing their 2A rights without administrated hearings or court findings. Fallout from the Highland Park shooting. And a lot of IL gun owners have thrown the ISRA to the curb over their behind the scene damage to IL 2a rights.

 

[Bob A]

So much for the fiction of "due process of law."

SCOTUS has its work cut out for it.

 

[teratos]

So much for the fiction of "due process of law."

SCOTUS has its work cut out for it.

And with an enumerated right. It’s tough to defend