Friday, November 26, 2010

Illinois' FOID card policy next?

Mishaga vs. Monken (Monken being the director of the Illinois State Police) was recently decided by the Springfield Division of the United States District Court for Illinois' Central District. Basically a motion to dismiss was denied and could this go on to the Supreme Court.

Hat-tip to Volokh Conspiracy:
According to the Complaint, Plaintiff Ellen Mishaga is a resident of Ohio who frequently travels to Illinois. Mishaga stays in the home of friends while in Illinois. She wishes to possess a functional firearm for her personal protection while residing in her friends’ home in Illinois. Possession of firearms in Illinois is governed by the Illinois Firearm Owners Identification Card Act (Act). 430 ILCS 65/0.01 et seq. The Act generally requires individuals to have an Illinois Firearm Owner’s Identification Card (FOID Card) to possess a weapon in Illinois. 430 ILCS 65/2. The Illinois State Police (ISP) issues FOID Cards. 430 ILCS 65/5. Mishaga has applied for a FOID Card twice, but the ISP denied her application both times because she does not have an Illinois driver’s license....

The Second Amendment generally guarantees an individual the right to possess a weapon for protection in case of a confrontation. The right includes a right to possess a weapon within one’s own home that may be used for personal protection.2 The Act generally prohibits a person from possessing a weapon in Illinois unless the person has a FOID Card. Mishaga alleges that the ISP has refused to issue her a FOID Card because she does not have an Illinois driver’s license. The Act requires an applicant for a FOID Card to provide the ISP with the applicant’s driver’s license number or Illinois identification card number. The Act only requires a driver’s license number, not an Illinois driver’s license number. Thus, it is unclear whether an Ohio driver’s license number would suffice. Mishaga, however, alleges that the ISP has twice denied her application for a FOID Card because she does not have an Illinois driver’s license.

For purposes of the Motion, the Court must assume that the Director and the ISP interpret the Act to require an applicant to provide an Illinois driver’s license number or an Illinois identification card number. The Act, therefore, interferes with Mishaga’s right to have a weapon at her temporary residence in Illinois that she may use for personal protection.... The Complaint ... alleges that the Act prohibits Mishaga from possessing a weapon at her temporary residence in Illinois that she may use for personal protection in violation of her constitutional right to bear arms. Mishaga states a claim.
Well the courts basically have knocked down Chicago's gun restrictions. I may have exaggerated on the FOID card thing. This is about allowing an out-of-state resident to carry a firearm and at that a person to apply for a FOID, but only have an Illinois license. If anything if you're not a citizen of Illinois you can not have a gun with you.

I will not be surprised however if someone decided to challenge the validity of a FOID card anyway.

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