Sunday, March 24, 2019
A Major Victory in Illinois
People v. Brown, circuit court decision ruled that requiring a Firearms Owner ID card (FOID) is unconstitutional because you have to pay a fee to enjoy a constitutional right. More here. There seems to be no accessible link that I can copy and paste, but there is a link to it here.
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Sounds great, but the devil's in the details. The decision relies on the "privileges or immunities" clause of the 14th amendment. That clause was badly gutted back in the 1870s, and only Thomas, of the current court, seems to want to revive it. Maybe the new kids will chime in, maybe not.
ReplyDeleteOn the other hand, I'm no lawyer, so who knows?
Unfortunately this is only a state of Illinois case so far. I had forgotten that the poll tax was explicity forbidden by the 24th Amendment and not by a SCOTUS ruling. However, one could argue the analog.
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