Illinois Supreme Court Cleverly Upholds FOID Law Yet Again
Once again, the Illinois Supreme Court has found a clever way to avoid reaching the merits of an appeal relating to the constitutionality of the Illinois FOID Act, a law which requires state residents to maintain a special identification to possess firearms, including tasers and ammunition. In a unanimous decision, the state’s highest court rules that plaintiffs who lost their Second Amendment rights while pending felony charges had no actual claim to resolve, rendering their appeal moot. This again let the state avoid having to grapple with the many constitutional issues that the FOID Act presents. Crossroad Legal is a premier gun rights law firm throughout the state. If you need help getting your FOID Card back, schedule a free attorney consultation today!
Understanding the Reason for the Appeal
When an Illinois resident loses their FOID Card, they have several options for appealing that decision. Unfortunately, the government has almost no burden of proof. Instead, once a FOID Card is revoked or an application for one is denied, the burden lies solely with the citizen to prove that they are not a threat to themselves or others. There is no opportunity to be heard prior to losing their rights. There is no opportunity to confront accusers, no right to counsel, and no right to a jury. Instead, the citizen must spent thousands of dollars hiring attorneys, psychologists, undergoing costly and invasive forensic evaluations, all to disprove an allegation that may or may not have any merit. Many Illinois FOID Card holders lose their FOID Cards for silly and unreasonable grounds, such as a 20-year-old DUI or getting into an argument at a gas station. Most are for nonviolent matters. In this case, however, a man was charged with felonies after discharging a weapon during a Fourth of July celebration. The charges were later reduced to misdemeanors, and he received his FOID Card back. However, his attorney argued that it was unconstitutional to deprive him of his rights when there was no felony conviction.
Illinois Supreme Court Continues Dodging Constitutional Challenges
One difficult thing about appealing is a case does not automatically go to the U.S. Supreme Court. Rather, one must exhaust all lower courts first. This means getting a decision from the state’s highest court, which can in turn be appealed to the U.S. Supreme Court. So, if the Illinois Supreme Court does not rule on an issue, it generally cannot go to the U.S. Supreme Court. Numerous Illinois cases have reached the state’s high court, only to die there with no ruling on the merits. The state Supreme Court ruled that because individuals got their FOID Cards back after their felonies were reduced to misdemeanors, their cases were moot, meaning there was nothing left to resolve. This, of course, misses the point entirely. the issue is that the government is suspending citizens’ rights under the Second Amendment, merely based on allegations – not findings or convictions.
What the Law Says
Despite our firm belief that the Illinois FOID Act is unconstitutional, in this particular case, we have to agree with the Illinois Supreme Court, but on different grounds. A state cannot grant a right that is federally prohibited. Under the Gun Control Act of 1968, a person loses their right to bear arms while under indictment for a felony crime (crimes punishable by more than a year in jail). The Court could have ruled on the merits and been soundly within its right to do so. Therefore, it begs the question, why use mootness to avoid ruling? The only logical assumption is that the court did not wish to open the door for the U.S. Supreme Court to hear an appeal. With its Republican supermajority, it is highly likely the U.S. Supreme Court would take a deeper look at the statute and find numerous areas of unconstitutionality, leading to either a complete or partial repeal. Hence, the state Supreme Court merely finds ways to avoid ruling on issues.
What to Do if You Lose Your FOID Card
If you’ve lost your right to bear arms, keep in mind that you have options. even those with felony convictions may be able to get their FOID Card back and legally possess firearms. However, the process can be daunting. Each month, our firm gets in excess of 100 calls and messages from people who are seeking to restore their rights. The majority of these people have no violent history of criminality, nor have they ever done anything that would warrant taking their rights. Most have lost their FOID for innocent reasons. Common reasons we encounter are old felony charges that were dismissed, allegations of suicidal ideation, dismissed orders of protection, or anonymous allegations of “clear and present danger,” a term that is widely subjective and overused.
If you’ve lost your Illinois FOID Card, act quick. The sooner you speak to an attorney, the sooner you will have a good idea of your chances at reinstatement. In some cases, it is better to wait a while, but sometimes acting right away is preferable. Call (833) FOID-LAW or book a free consult with an attorney today!