The controversial Illinois mandate that firearm purchasers apply and meet requirements for a Firearms Owners Identification (FOID) card is before the 4th District Appellate Court.

The plaintiffs argued last week that the state mandate does not meet the specifications established by the U.S. Supreme Court in 2022’s landmark Bruen decision. There is no precedent in the nation’s historical tradition of gun regulations for such a requirement.

Second Amendment advocacy organization Guns Save Life attorney Clark Hildabrand told the appellate court that other constitutional rights do not have such a stipulation.

“Just like you wouldn’t require a license to pray at home or post an unpopular opinion on X,” Hildabrand argued.

The state disagreed, claiming that the government has the right to regulate Second Amendment rights “to keep firearms out of the hands of people who are dangerous and therefore likely to misuse them.”

However, the government attorneys overplayed their hand when they insisted that limitations must be placed on “public carry and at-home protection.”

Judge Craig DeArmond disagreed, asserting that Bruen focused entirely on the right to armed self-defense in public, not at one’s residence. His rebuke was praised by Guns Save Life Executive Director John Boch, who told The Center Square Thursday that such an exchange was unprecedented in his experience.

“Judge DeArmond…savaged [the] representative from [Attorney General] Kwame Raoul’s office, just savaged her with her talking points and just outright calling her incorrect in some of her assertions,” Boch noted. “I’ve never seen an oral argument get that testy and rough for either side’s counsel.” 

The plaintiffs further argued the burden was placed on law-abiding gun owners when the focus of state laws should be on punishing violent criminals and keeping them off the streets.

The appeals court accepted the case under advisement, and it could eventually reach the U.S. Supreme Court.

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