Gunleaders Blog

2A challenge to IL FOID card requirement for non-residents going forward

by on Nov.24, 2010, under Uncategorized

Hat tip to the Volokh Conspiracy / Mishaga v. Monken motion to dismiss is DENIED.  The case concerns an Ohio resident raising a 2nd Amendment challenge to the ridiculous IL “FOID” law.  It’s a race to see which state “permit to posses” law falls first and so far IL appears to be winning.  If you’re a non resident visiting the state are you somehow less of a citizen?

See the footnote number 2 though.  Some courts will go to any length to uphold the government’s position no matter how absurd.  Part of this is “telegraphing” what the court wants to see in order to be able to rule for the government.  The subtle message:  ”include this, raise this concern or  I might have to rule for the plaintiff”.

“…The parties do not address whether Mishaga’s right to possess a weapon as a guest may be more limited than the homeowner in Heller because she is not protecting her own home and because her loaded weapon may present dangers to the permanent residents of the home or to other Illinois citizens. At some point in this proceeding, the parties may need to address the exact scope of the constitutional right of a guest to possess a weapon in the home of another person.”

A good answer to footnotes like this are impeachment hearings.

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