Jerry Nowicki| Capitol News Illinois
In a 4-3 decisionwith a blistering dissent from the Republican minority, the Illinois Supreme Court declined to rule on a question of whether Illinois Firearm Owners Identification Act is unconstitutional.
It was the second time the case of the People v. Vivian Brown came before the court and the second time the court declined to rule on the constitutionality of the state statute requiring Illinoisans to receive a permit to legally own a gun.
The majority opinion released Thursday was written by Chief Justice Anne M. Burke and was procedural in nature. It contended that the White County Circuit Court failed to adhere to the Supreme Courts previous2020 rulingin the case, so it once again vacated the lower courts ruling that the FOID Act was unconstitutional.
Previous story: Illinois Supreme Court rules on gun cases, upholds Deerfield ban on assault weapons
Burke was joined in the majority by Democrats Mary Jane Theis, P. Scott Neville Jr. and Robert Carter.
Justice Michael Burke who is not related to the chief justice wrote the dissent, making up 11 of the 21 pages in the Thursday order.
He argued the majority decision was based on a misunderstanding of the record and a misreading of this courts precedents, and that it could keep the defendant in legal limbo for an untold period of years.
The case involves a White County resident, Vivian Claudine Brown, who was charged in March 2017 with possession of a firearm without a FOID card after police responded to her estranged husbands call that she had fired a gun in her home.
Police found the rifle but no evidence that she fired it. Nonetheless, she was charged with the crime.
Previous story: Judge finds Illinois firearm ownership card law unconstitutional as applied to 1 resident
But a circuit judge in White County threw out the charge, ruling that the fees and forms required to receive a FOID imposed an unconstitutional burden on Browns Second Amendment right to keep a firearm in her own home.
But it was an alternative ruling made by the same court without prompting from Browns legal team that allowed the states high court to decline to rule on the constitutional grounds.
That alternative ruling contended that the Illinois General Assembly, when it passed the FOID Act, never meant for it to apply in the home, because if it did, it would mean anybody with knowledge of a firearm and exclusive control over the area where it was kept could be construed as possessing the gun.
As a general rule, courts decline to rule on constitutional matters when a case can be decided on other grounds.
Because the circuit court ruled on an aspect of the FOID Act pertaining to state law, the Supreme Courts 2020 decision vacated the order pertaining to constitutionality and sent the matter back to White County to permit the normal appellate process to run its course.
The ruling was essentially a win for Brown, but her legal team contended it wouldnt stand up to an appeal. Thus, Browns attorneys filed a motion to reconsider, arguing that the inevitable loss on appeal would delay clarity in the case.
The circuit court agreed and reinstated the charges. Browns attorneys then filed a new motion to dismiss on constitutional grounds,which the judge upheld, finding that any fee associated with exercising the core fundamental Constitutional right of armed self-defense within the confines of ones home violates the Second Amendment.
Thus, the state appealed the rulingback to the Supreme Court, leading to the Thursday ruling in which the majority decided the lower court had no authority to reconsider the case after the Supreme Courts 2020 ruling.
When a cause is remanded by the reviewing court with instructions to the circuit court to enter a specific order, the reviewing courts judgment is, with respect to the merits, the end of the case, and there is nothing which the circuit court [is] authorized to do but enter the decree, the court wrote, quoting other case law.
If the lower court were allowed to make changes to the Supreme Courts ruling, the majority wrote, it would set a precedent upending our hierarchical judicial system.
The dissent from Michael Burke, however, argued that the majority asserted finality of its ruling while also suggesting that the proper place for review is now an appellate court, which is itself a lower court.
In reality, the judgment of the circuit court was not a judgment of this court that was final and conclusive on all the parties because this court declined to reach the merits of the statutory analysis and only vacated the circuit courts judgment on procedural grounds, Michael Burke wrote in the dissent. Accordingly, the trial court was free to reconsider the merits of that ruling, and nothing about it doing so upends our hierarchical judicial system.
Michael Burke argued that the majoritys supposition that Brown received complete relief when the circuit court vacated her charges was faulty, because the legal reasoning backing that decision is unlikely to hold up upon appeal.
Thus, he predicted, the case will ultimately end up back at the Supreme Court on the constitutional basis, only after a significant delay to Browns detriment as the case moves through the appellate court.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government that is distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Go here to read the rest:
Why the Illinois Supreme Court declined to rule on constitutionality of FOID Act again - The State Journal-Register
- Civics education: Learn the basics of why the Second Amendment exists - Tennessean - May 1st, 2024 [May 1st, 2024]
- The Future of the Second Amendment - Berkeley Law - April 18th, 2024 [April 18th, 2024]
- Mental Health Firearms Bill Divides Second Amendment Supporters in State House - NH Journal - April 18th, 2024 [April 18th, 2024]
- Biden Administration Unlawfully Expands Background Checks on Firearms Sales - Kevin Cramer - April 18th, 2024 [April 18th, 2024]
- The Second Amendment and 18-to-20-Year-Olds - Reason - March 29th, 2024 [March 29th, 2024]
- Chatbots like crime, hate firearms: A Second Amendment study - Washington Examiner - March 29th, 2024 [March 29th, 2024]
- OK: Oppose H.J.R. 1034, Unless Amended! | GOA - Gun Owners of America - March 29th, 2024 [March 29th, 2024]
- Republicans blast Biden admin's 'Red Flag Operation' as one that will 'violate' Second Amendment rights - Fox News - March 29th, 2024 [March 29th, 2024]
- Gordon Signed Four Second Amendment Bills, Vetoed Another - WyoToday.com - March 29th, 2024 [March 29th, 2024]
- A new resource center in the DOJ has a lot of people worried about their Second Amendment rights - Tri-State Alert - March 29th, 2024 [March 29th, 2024]
- 'It Has Everything to Do With Race': Protesters Clash Outside Kyle Rittenhouse Event - Yahoo News UK - March 29th, 2024 [March 29th, 2024]
- Governor signs firearm bills, vetoes bill to repeal gun-free zones - Buckrail - March 29th, 2024 [March 29th, 2024]
- FISA and the Second Amendment: Gun Owners Beware - RealClearPolicy - February 3rd, 2024 [February 3rd, 2024]
- Second Amendment protects the rest | Commentary | norfolkdailynews.com - Norfolk Daily News - February 3rd, 2024 [February 3rd, 2024]
- Ricketts Signs Brief to Defend Gun Owners and Second Amendment - Rural Radio Network - February 3rd, 2024 [February 3rd, 2024]
- Dems bow to local control on guns then take it away | BRAUCHLER - coloradopolitics.com - February 3rd, 2024 [February 3rd, 2024]
- Augusta County Second Amendment guy wants to protect schoolkids from books? - Augusta Free Press - February 3rd, 2024 [February 3rd, 2024]
- The 2nd Amendment is not about Hunting - WIBC - Indianapolis News & Politics - October 27th, 2023 [October 27th, 2023]
- Opinion: Protecting Our Second Amendment Rights in St. Louis ... - The Missouri Times - October 27th, 2023 [October 27th, 2023]
- Statement by Vice President Kamala Harris on the Mass Shooting in ... - The White House - October 27th, 2023 [October 27th, 2023]
- Letter: Second Amendment matters more than ever - Quad-City Times - October 27th, 2023 [October 27th, 2023]
- The Supreme Court is seriously considering whether domestic ... - Vox.com - October 27th, 2023 [October 27th, 2023]
- Letter urging House Speaker to act on gun violence sent hours prior ... - Woodland Daily Democrat - October 27th, 2023 [October 27th, 2023]
- Vermont: Gun-Controllers Are Abandoning Their Rural Roots - NRA ILA - October 27th, 2023 [October 27th, 2023]
- Foundation prepares to disburse roughly $32 million in legal aid ... - The Florida Bar - October 27th, 2023 [October 27th, 2023]
- Critics Sock Sean Hannity Over His Bizarre Personal 'Plan' For Mass ... - Yahoo! Voices - October 27th, 2023 [October 27th, 2023]
- Second Amendment Roundup: Fusillade of Amicus Briefs Filed in Rahimi - Reason - October 12th, 2023 [October 12th, 2023]
- 12 Defensive Gun Uses Bare Absurdity of Attacking Gun Rights - Daily Signal - October 12th, 2023 [October 12th, 2023]
- Horrific Attack In Israel Shows Critical Importance Of Second Amendment In America | David Hookstead - Outkick - October 12th, 2023 [October 12th, 2023]
- OPINION: Second Amendment rights deserve protection - The ... - Stanly News & Press - October 12th, 2023 [October 12th, 2023]
- Noel Hudson: What, exactly, was the well-regulated militia? - VTDigger - October 12th, 2023 [October 12th, 2023]
- Berkshire residents and officials join the debate at the statehouse ... - Berkshire Eagle - October 12th, 2023 [October 12th, 2023]
- Old gun controls that were constitutionally repealed are not precedents for modern gun control - Reason - October 7th, 2023 [October 7th, 2023]
- Rahimi: The Case That Might Turn the Court Even More Extreme on Guns - The New Republic - October 7th, 2023 [October 7th, 2023]
- Second Amendment proponents fear public health emergencies ... - The Statehouse File - October 7th, 2023 [October 7th, 2023]
- UGA political groups debate the Second Amendment at political ... - Red and Black - October 7th, 2023 [October 7th, 2023]
- From the Second Amendment to OxyContin Settlements, Here Are ... - WTTW News - October 7th, 2023 [October 7th, 2023]
- Goldwater Institute Urges Supreme Court to Respect Second ... - The Creative Corner - October 7th, 2023 [October 7th, 2023]
- I carry a firearm daily. Second Amendment rights are not absolute. - Daily Kos - October 7th, 2023 [October 7th, 2023]
- Free Lecture - To Trust the People with Arms: The Supreme Court ... - Buckeye Firearms Association - October 7th, 2023 [October 7th, 2023]
- Federal Judge Enjoins Several Maryland Restrictions on Carrying ... - Reason - October 7th, 2023 [October 7th, 2023]
- Guest columnist Lee Armstrong: Taking 2nd Amendment to extremes - GazetteNET - August 26th, 2023 [August 26th, 2023]
- Analysis: ACLU Warns of Government Overreach in Second ... - The Reload - August 26th, 2023 [August 26th, 2023]
- Madison's Militia: The Hidden History of the Second Amendment, by ... - Shepherd Express - August 26th, 2023 [August 26th, 2023]
- Massachusetts Judge Rules Law Against Carrying Guns Across ... - The Reload - August 26th, 2023 [August 26th, 2023]
- It's Not Hard to Tell Good Guy From Bad Guy, as 12 More Defensive ... - Heritage.org - August 26th, 2023 [August 26th, 2023]
- NRA-ILA Files Friend of the Court Brief Urging the Eighth Circuit to ... - NRA ILA - August 26th, 2023 [August 26th, 2023]
- Panhandling ordinance amendments pass first Council vote - Mountain Xpress - August 26th, 2023 [August 26th, 2023]
- Florida's New Concealed Carry Law: What You Need to Know - Hernando Sun - August 26th, 2023 [August 26th, 2023]
- Why did PragerU lie about being approved in Texas schools? - Reckon - August 26th, 2023 [August 26th, 2023]
- No longer a cold war, the Tennessee House and Senate are not ... - News Channel 5 Nashville - August 26th, 2023 [August 26th, 2023]
- What's News, Breaking: Tuesday, August 22, 2023 - Brooklyn Daily Eagle - August 26th, 2023 [August 26th, 2023]
- Sparse turnout for gun rights rally with Kyle Rittenhouse after Michigan gun reform laws signed Michigan Advance - Michigan Advance - July 21st, 2023 [July 21st, 2023]
- Tom Huckin: A misinterpretation of the Constitution leads to disastrous consequences - Salt Lake Tribune - July 21st, 2023 [July 21st, 2023]
- Debate on Second Amendment | News, Sports, Jobs - Williamsport Sun-Gazette - July 21st, 2023 [July 21st, 2023]
- Sorry, Gov. Newsom, but Citizens Want to Use Guns to Defend ... - Heritage.org - July 21st, 2023 [July 21st, 2023]
- D-Wave Quantum Inc. Enter into the Limited Waiver and Second Amendment to Loan and Security Agreement with PSPIB Unitas Investments II Inc -... - July 21st, 2023 [July 21st, 2023]
- Federal Judge Rejects Lawsuit to Uphold Texas Suppressor Law for ... - The Texan - July 21st, 2023 [July 21st, 2023]
- Governor's Council approves all 7 of Healey's pardon ... - WBUR News - July 21st, 2023 [July 21st, 2023]
- Jonah Goldberg: Why July is the cruelest month for GOP presidential ... - The Winchester Star - July 21st, 2023 [July 21st, 2023]
- Second Amendment Roundup: U.S. Seeking Cert on Prohibited Persons % - Reason - May 30th, 2023 [May 30th, 2023]
- 2nd Amendment Quotes for Hot Topics - Everyday Power - May 30th, 2023 [May 30th, 2023]
- ICYMI: Buffalo News Editorial: Gun Laws and a More Sensible ... - ny.gov - May 30th, 2023 [May 30th, 2023]
- Opinion | Prince William needs gun-free zones - The Washington Post - May 30th, 2023 [May 30th, 2023]
- Second Federal Judge Expands Block on Biden Pistol-Brace Ban as ... - The Reload - May 30th, 2023 [May 30th, 2023]
- Editorial: Mayor's order of support for trans citizens contrasts with the ... - St. Louis Post-Dispatch - May 30th, 2023 [May 30th, 2023]
- Simple answer isn't workable - Las Vegas Sun - May 30th, 2023 [May 30th, 2023]
- DeSantis and the Road to the White House - The Media Line - May 30th, 2023 [May 30th, 2023]
- Should gun stores be allowed near schools? These parents are ... - Reckon - May 30th, 2023 [May 30th, 2023]
- Hawaii Agrees to Drop Baton Ban After Losing Court Fight - The Reload - May 30th, 2023 [May 30th, 2023]
- Demise of S.F. exaggerated. It's still a great city to visit - San Francisco Chronicle - May 30th, 2023 [May 30th, 2023]
- ESAs consult to amend technical standards on the mapping of ... - ESMA - May 30th, 2023 [May 30th, 2023]
- 'Not tools of self-defense': Ferguson makes case for Washington's ... - The Columbian - May 30th, 2023 [May 30th, 2023]
- Lawrence ODonnell Airs Old Clip of Republican Chief Justice Calling the Second Amendment a Fraud on the American Public - Mediaite - March 31st, 2023 [March 31st, 2023]
- Marshall University Prof: Cops and Vets Earn Their Second Amendment Rights Through Months of Training - The Truth About Guns - February 28th, 2023 [February 28th, 2023]
- Interpretation: The Second Amendment | Constitution Center - January 27th, 2023 [January 27th, 2023]
- Senate panel okays Tax Laws (Second Amendment) Bill: Fixed tax scheme gets nod to bring 2m retailers into tax net - The News International - December 23rd, 2022 [December 23rd, 2022]
- Gohmert: Without a change to how children are taught, 'We're going to have to get rid of the Second Amendment' - Fox News - December 18th, 2022 [December 18th, 2022]
- Minim, Inc. and Cadence Connectivity, Inc. Enter Second Amendment to Loan and Security Agreement with Silicon Valley Bank - Marketscreener.com - December 18th, 2022 [December 18th, 2022]
- Opinion: Let's talk about repealing the Second Amendment - The Connecticut Mirror - December 12th, 2022 [December 12th, 2022]