Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
Durkin Tactical Franklin Armory
User Panel

Site Notices
11/2/2022 4:30:06 PM
Posted: 6/30/2022 1:33:30 PM EST
Given the slate of SCOTUS rulings, what does this mean us in Illinois (and even more so for us around Chicago-land)?

All the talk is on CA, NJ, and NY....but Illinois/Chicago has some laws on the books that seem like they would be in danger?
The new 80% law?  What happens with that?  
I'm assuming AWB's and mag capacity limits are done for?
Is the FOID card done?
Can I open carry?
What about our NFA rules?  Are they now unconstitutional?


Seems like a lot of things could change, but I don't know for sure.
Any insight?

missing
Link Posted: 6/30/2022 2:03:06 PM EST
[#1]
What did I miss?  in NYSRPA v. Bruen, SCOTUS ruled that may-issue concealed carry systems were unconstitutional, so states like NY, CA, and NJ have to roll back those provisions in their law, but they didn't rule on anything else.  The IL FOID and CCL are both theoretically shall-issue, so the ruling may not affect them at all.  As for the rest, well, there are likely teams of lawyers at the FPC, GOA, SAF, NRA, etc. looking to challenge each of them now that this case is done.
Link Posted: 6/30/2022 2:34:05 PM EST
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What did I miss?  in NYSRPA v. Bruen, SCOTUS ruled that may-issue concealed carry systems were unconstitutional, so states like NY, CA, and NJ have to roll back those provisions in their law, but they didn't rule on anything else.  The IL FOID and CCL are both theoretically shall-issue, so the ruling may not affect them at all.  As for the rest, well, there are likely teams of lawyers at the FPC, GOA, SAF, NRA, etc. looking to challenge each of them now that this case is done.
View Quote


I think it opens the door for IL.
All of the talk has been about NY, CA and NJ....but I'm pretty sure the FOID is on really shaky ground now.
States can't make laws that are more restrictive than Constitutional rights and can't go overboard on regulations.   While IL isn't addressed directly, the writing is on the wall for mag bans and AWB's given WV vs EPA and the 4 additional cases vacated and remanded today.  

I think we are flying under the radar a bit.

Link Posted: 6/30/2022 10:36:50 PM EST
[#3]
Sorry, I forgot about those other rulings that were vacated and remanded back to the states.  I'm not a lawyer, so I'd be in way over my head trying to puzzle things out.  Yes, the doors are open, but I'm going to guess it's going to take a while before we get to walk through them.  The legal system is slooooooow.
Link Posted: 6/30/2022 11:06:59 PM EST
[#4]
You're right about slow moving.  The remanded cases will only apply to those jurisdictions.   But, those cases will be the foundation for our arguments to incorporate those ruling across the country.  The state would save itself a lot of $$$ by legislating themselves into constitutional compliance.  Time and money will make it happen here.
Link Posted: 7/3/2022 10:52:44 PM EST
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You're right about slow moving.  The remanded cases will only apply to those jurisdictions.   But, those cases will be the foundation for our arguments to incorporate those ruling across the country.  The state would save itself a lot of $$$ by legislating themselves into constitutional compliance.  Time and money will make it happen here.
View Quote

They just need to raise the FOID and CCL fees to cover the state's legal costs.
Link Posted: 7/14/2022 7:09:48 AM EST
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What did I miss?  in NYSRPA v. Bruen, SCOTUS ruled that may-issue concealed carry systems were unconstitutional, so states like NY, CA, and NJ have to roll back those provisions in their law, but they didn't rule on anything else.  The IL FOID and CCL are both theoretically shall-issue, so the ruling may not affect them at all.  As for the rest, well, there are likely teams of lawyers at the FPC, GOA, SAF, NRA, etc. looking to challenge each of them now that this case is done.
View Quote
You missed the standard for review.

I though for sure SCOTUS would say "strict scrutiny", instead of the popular "intermediate scrutiny" that the courts have been using to justify all these laws. Strict scrutiny forces the court to consider whether the government restricted rights through the least restrictive means possible, and it's a pretty high bar.

Instead, they threw the two step standard out completely. History, text, and tradition is what the standard for review is for the 2A. That's an even higher bar. And, they were pretty pointed about weighting history in favor of the founding, and less towards modern decisions (which are obviously biased away from 2A rights since it's been a second-class right forever).

It's going to be exceedingly difficult for existing gun laws to pass muster under that standard of review. It's going to take awhile to establish the case law to get there though.

IANAL, but it's hard to imagine how that could have been stronger.
Link Posted: 7/14/2022 10:47:23 AM EST
[#7]
Illinois is in full IDGAF mode about SCOTUS.  I expect the state to dig in its heels and make things harder for us, challenging SCOTUS to do something about it.  All those LEOs that said they wouldn't support unconstitutional laws?  Let's see how well they stick to that pledge.
Link Posted: 7/16/2022 9:57:57 PM EST
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Illinois is in full IDGAF mode about SCOTUS.  I expect the state to dig in its heels and make things harder for us, challenging SCOTUS to do something about it.  All those LEOs that said they wouldn't support unconstitutional laws?  Let's see how well they stick to that pledge.
View Quote

Agree with first two sentences, I am a little more hopeful on LEO's down state.  The other problem is the Illinois laws as so complex and will take a lot of time and money to enforce.  I expect to see mass disobedience for many goofy gun laws.  AFAIK, they have not yet published rules on the Affordable Bail Act, which is snake pit of unconstitutional crap.  ISP can't issue FOID cards in a timely manner, how are they going to enforce ghost guns?  This all ties up staff investigating the law abiding who could be watching traffic and busting human sex traffic rings.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top