COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF 1. The Illinois Firearm Owners Identification Act (“FOID Card Act”), 430 ILCS 65/0.01 et seq., entirely deprives everyone of the right to keep and bear arms— including the basic right to possess a firearm for self-defense in the home—unless and until they seek and receive the State’s permission. 2. To possess any type of firearm or ammunition in Illinois—anywhere, for any length of time—one must first obtain a Firearm Owners Identification (“FOID”) card from the Illinois State Police. This requires one to initiate and prevail in an administrative proceeding—in which the burden of proof is on the individual at every step, and which may take 30 days, 90 days, or even longer. Any violation of this requirement is a crime. [More]
Just like the Framers intended when they penned “shall not be infringed,” no doubt.
Washington Gun Law analyzes the complaint.
[Via Jess]
When of course, this issue has already been decided for the “non-second-class” rights in the BOR:
An ordinance which… makes the peaceful enjoyment of freedoms which the Constitution guarantees contingent upon the uncontrolled will of an official — as by requiring a permit or license which may be granted or withheld in the discretion of such official — is an unconstitutional censorship or prior restraint upon the enjoyment of those freedoms. And our decisions have made clear that a person faced with such an unconstitutional licensing law may ignore it and engage with impunity in the exercise of the right of free expression for which the law purports to require a license.
–SHUTTLESWORTH v. CITY OF BIRMINGHAM AL, 394 U.S. 147 (1969)