FOID “Clear And Present Danger” System
The ISRA is supporting the recently-filed case Brunke v. Raoul, pending in the Northern District of Illinois. In Brunke, the four Plaintiffs all had their FOID cards and CCLs revoked based on “clear and present danger” reports,
which were all submitted without cause, without any opportunity for the Plaintiffs to respond, and sometimes without any knowledge of the alleged basis. One Plaintiff was revoked based on the false hearsay allegations of an ex-girlfriend, who alleged abuse to the police while the Plaintiff was actually across the country. After the phony abuse report, she vandalized his apartment and left the State. Despite the obvious falsity of the allegations, the Plaintiff was still required to undergo a
psychological evaluation and present a full appeal to the FOID Card Review Board. Though he was successful (the other Plaintiffs are still working to regain their rights), the nature of the FOID “clear and present danger” system that allows this to happen to Plaintiff and others like him, is unconstitutional and must be corrected.
Another Plaintiff had his rights revoked eight months after he allegedly was a “clear and present danger,”
which means the State Police reviewed the original report and deemed it unfounded, but then went back and revoked his FOID card anyway (after the Highland Park tragedy). Additionally, he has been provided no information on what he allegedly did or said. He must pursue an appeal, and do it with one hand tied behind his back. This lawsuit hopes to change this for the Plaintiffs and all those who find themselves similarly wrongfully accused and labeled.
Firearms
in the Home Based Business
Also, the ISRA case Miller v. Smith – challenging prohibitions on functional firearm possession by foster parents and home daycare providers - is still proceeding. After a remand by the Seventh Circuit, the Plaintiffs are amending their Complaint to allege violations of the Supreme Court’s Bruen standard, and we expect the case to then proceed rapidly in this second pass through the District
Court. As the Judge in the Schoenthal public transportation case just showed, the State will have to show a clear historical basis for its restrictions, which we do not believe it can do.
A special thank you to David Sigale of the LAW FIRM OF DAVID G. SIGALE, P.C.
For providing this update.
We take pride in protecting the rights of our members and all law-abiding citizens!
Want to Support the ISRA Legal Efforts? Head to https://isra.org/support-us/ & choose legal assistance committee.
