A federal district court ruled that a person illegally in the US did not need a FOID card. Then neither does anyone else, especially not US citizens that happen to live in Illinois.
This ruling makes clear the complete absurdity of current gun laws in Illinois. On behalf of the 2.4 million law abiding gun owners in Illinois, The Illinois State Rifle Association (ISRA) calls on the Illinois Governor and Legislature to immediately bring Illinois laws into compliance with the US Constitution.
Federal Judge Sharon Johnson Coleman ruled that the 2nd Amendment applies to "We the People", not just US Citizens. She further ruled that restricting firearms ownership to citizens ran afoul of the two-part test required by the Bruen decision when viewed under the directions given by Atkinson, another important 2nd Amendment case. Carbajal Flores is a Mexican citizen, who was arrested in Chicago for being in the US unlawfully and found to be in
possession of a handgun.
“Government” can’t have it both ways with gun regulation: create an undue burden for Illinois-based US citizens to exercise their rights to self-defense under the 2nd Amendment but then say the same rights also apply to people who shouldn’t be in the US and certainly shouldn’t have a firearm.
As gun owners we must push for change. The ISRA is carefully reviewing this ruling to decide on next steps: litigation or legislation. Or both.
We’ve long held that the FOID program is constitutionally
wrong and useless. It is effectively a tax on 2nd Amendment rights of Illinois citizens, but it also runs background checks on 2.4 million law abiding citizens 362 days a year (you read that correctly) and hasn’t led to real public safety because criminals simply aren’t punished for violating the law.
This ruling is yet another example of more gun control measures being found unconstitutional when considered with more recent guidance contained in the NY State Pistol & Rifle Association v Bruen decision.
Therefore, the
Illinois State Rifle Association is challenging the Illinois General Assembly to stop the relentless onslaught of new, oppressive and ineffective gun control measures. Bruen makes it very clear, any proposed regulation must be in line with the text of the second amendment and must have a historical precedent. The dozens of restrictive bills being proposed by members of the General Assembly fail these tests and will only end up with Illinois taxpayers paying for the
inevitable lawsuits.
Clearly, Flores’ decision adds yet another argument against the FOID card. The ISRA fully expects this issue to be brought up in the Federal cases regarding the constitutionality of the FOID card, and we look forward to the day that a Federal judge applies the Bruen & Flores standards in sending this
unconstitutional registration of firearms owners to the dustbin of history where it belongs.
It’s clear some lawmakers don’t respect the US Constitution and often pass gun legislation that does not make sense and does not respect the rights of law-abiding citizens. The courts get it, but they shouldn’t have to constantly correct
legislative mistakes that are common in Illinois.
If you want to join us in making it clear to Illinois legislators that enough is enough, join us at IGOLD (Illinois Gun Owners Lobby Day) in Springfield on 18 April 2024. Your presence and voice are important. Please visit ISRA.ORG for more information.
- Illinois State Rifle Association
