Teen suing over FOID Card denial

Discussion in 'Illinois Gun Forum' started by KJG67, Aug 13, 2013.

  1. KJG67

    KJG67 New Member

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    http://madisonrecord.com/news/25811...tm_medium=email&utm_campaign=eaknef_gmail_com

    Some highlights, but click the link to read the full story. Gotta love the the closing argument. Let's see Princess Lisa get herself out of this one.

    ...
    An 18-year-old suing over the denial of her Firearm Owners Identification (FOID) Card application has asked a federal judge to grant her summary judgment.

    Filed last month, Tempest Horsley’s motion for summary judgment also seeks a court order deeming the provision of the FOID Card Act that requires 18, 19 and 20-year-olds to obtain written consent from their parents as unconstitutional.

    In addition, Horsley wants the court to direct Jessica Trame, chief of the Illinois State Police’s Firearms Services Bureau, to process her FOID Card application and issue her a valid card within 30 days, as well as award her court costs and attorney fees.

    Represented by Wood River attorney Thomas Maag, Horsley sued Trame in April in the U.S. District Court for the Southern District of Illinois after her FOID Card application was denied because her parents refused to provide their written consent.

    In her suit, Horsley asserts that she sought a FOID card so she could obtain a double-barrel shotgun “pursuant to the suggestion of Vice President Joe Biden,” who said in February 2013 that “if you want to protect yourself, get a double-barreled shotgun.”

    Horsley contends that the act’s parental consent requirement for those under 21 seeking a FOID Card violates her constitutional rights to possess a firearm for self-defense under the Second and Fourteenth Amendments.
    Trame, who was sued in her official capacity and is represented by the Illinois Attorney General Lisa Madigan’s office, asked a federal judge in June to dismiss Horsley’s suit...

    ...In her motion, Horsley repeats many of the same arguments she made in previous court filings, including one that stems from the 1976 ruling in Planned Parenthood of Central Missouri v. Danforth.

    The court in that case struck down a portion of a Missouri law that required minors and married women to obtain parental or spousal consent in order to get an abortion.

    Horsley asserts that if she was 17, one year younger than she currently is, and pregnant, the state could not require her to obtain parental consent to get an abortion, but “[y]et, this blanket parental consent requirement … is being imposed on 18 year olds seeking to own plain ordinary firearms.”

    “For this Court to sustain the challenged requirement in this case,” Horsley contends, “this Court will be obliged to find Plaintiff’s Second Amendment rights to be inferior to her abortion rights.”
     
  2. JW357

    JW357 New Member

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    Wow. That's an interesting take on it. I like her reasoning.
     

  3. JonM

    JonM Moderator

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    Kinda misses the point that the whole foid card thing is extremely unconstitutional to begin with
     
  4. DrumJunkie

    DrumJunkie New Member

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    True, but I do like the idea of trying to stick it to the man in that state while using their own messiahs second banana to shove it a little deeper.:D
     
  5. JW357

    JW357 New Member

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    Yes, but you have to win however you can. Saying the FOID card is against the 2nd Amendment likely won't get them far.
     
  6. CGS

    CGS New Member

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    +1


    Yes on the surface, I have no problem with FOID, until you learn how jacked up it really is and how it's not about public safety but is about restriction. If it was what "they" say it is, ok fine. But it's not. It's a hindrance to the leagl gun owner. I'm not sure how it hasn't been knocked down by SCOTUS, but I know a few other states have similiar and even more restrictive.