Appeals courts denies delaying Illinois FOID challenge

(The Center Square) – An appellate court has denied another attempt by the state to delay a case challenging Illinois Firearm Owner’s ID card.

Guns Save Life sued the state alleging the FOID card is unconstitutional. Last year, a Sangamon County Judge sided with the state, ruling that the law is constitutional. Guns Save Life Executive Director John Boch said then the case is important.

“The FOID card is destined for the dustbin of history because after all there were no FOID cards in 1791 and that’s the standard that judges and courts are supposed to rule today,” Boch told The Center Square last year.

Since then, the state motioned for three extensions to file a response, which were granted. In September, the state motioned to pause the case in order to await the outcome of a different FOID card challenge in front of the Illinois Supreme Court. The appeals court said the state has had enough delays and the case they’re waiting for is not similar to the Guns Save Life challenge of the FOID card.

“Similarly, the State’s brief in this case cited the standard for a facial challenge in a single paragraph of its standing section … and Defendant still has not identified a specific set of circumstances when the FOID Act would be constitutional,” the appeals court wrote.

Oral arguments in that case are set for Nov. 14.

Boch expects the case to be appealed to the Illinois Supreme Court whichever way the appeals court goes.

“And ultimately, we’re going to prevail. The question is whether or not the Illinois Supreme Court will do the right thing or if we have to go to the U.S. Supreme Court to make that happen,” Boch told The Center Square Thursday.

In a separate case, the Illinois Supreme Court has denied Cook County’s request for an appeal of a case challenging the county’s gun and ammo tax.

In 2012, Cook County approved a tax of $25 per gun and 1 to 5 cent per cartridge of ammunition. Initial challenges went to the Illinois Supreme Court, which in 2021 ruled against the county. The county then modified the ordinance.

Gun rights advocate Todd Vandermyde sued again on a Second Amendment challenge. After a district court dismissed the case, earlier this year an appeals court reinstated the challenge. Wednesday, the Illinois Supreme Court denied the county’s request to appeal the case there. Vandermyde said recent U.S. Supreme Court precedent said gun control laws must have historical analogs.

“Once it’s protected conduct, it’s up to the state to show an analogy against, you know, that ‘hey, laws like this existed either in 1791 or maybe around 1868,” Vandermyde told The Center Square.

Vandermyde said it’s back to the district court and if the state can’t show laws from the time of the U.S. Constitution’s ratification, they have “a hard row to hoe.”