SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Constitutional argument or a shakedown?

Thursday, Aug 25, 2011

* The Illinois General Assembly passed a bill which Governor Pat Quinn signed into law that barred the Illinois State Police from releasing the names of FOID card holders. The Associated Press asked Attorney General Lisa Madigan to help pry the information loose and her office ruled that the names should be released.

The Illinois State Rifle Association filed suit earlier this year, but you’d think the lawsuit would now be rendered moot by the new law. Instead, ISRA is pressing ahead with its suit, even though they have a new law and the AP was dismissed yesterday as a defendant. The only remaining defendant is the Illinois State Police, which, ironically enough, supported the gun group’s position on the FOID card names.

The Rifle Association claims it wants the court to establish a constitutional precedent

The Illinois State Rifle Association wants to continue the lawsuit in hopes a judge will eventually establish an unassailable constitutional right to keep the ID-card data secret, the group’s attorney, Stanley Tucker, said Wednesday.

“Theoretically, a future legislature could reverse (the new law)” said Tucker, speaking after a Circuit Court hearing in Peoria on the matter. “We will be pushing for a ruling on constitutional grounds for that reason.”

* But Jim Thompson, who is representing the Illinois State Police, pointed to another reason for keeping the suit alive

“They want us to pay (court) costs and we don’t want to pay costs,” he added. “That’s the only disagreement.”

- Posted by Rich Miller        


22 Comments
  1. - shore - Thursday, Aug 25, 11 @ 12:02 pm:

    I don’t see why people who own guns have to have their names printed. Madigan should find better things to do.


  2. - just sayin' - Thursday, Aug 25, 11 @ 12:03 pm:

    Shakedown.

    Guys, when you start making Big Jim look like the victimized one, you’ve gone over the line with sleazy lawyerism.

    Declare victory and stop trying to milk the thing.


  3. - x ace - Thursday, Aug 25, 11 @ 12:12 pm:

    Big Jim Thompson against lawyers getting paid ???

    Did the pro bono defense of our former Gov twist his thinking ?


  4. - Buerhle Fan - Thursday, Aug 25, 11 @ 12:25 pm:

    No one likes a sore winner. They should drop the suit and move along.


  5. - DeKalb Dragon - Thursday, Aug 25, 11 @ 12:40 pm:

    “But judges,” he continued, “are often reluctant to ground their opinions in the constitution when a relevant law is in place.”

    Not just reluctant. The Illinois Supreme Court has directed that constitutional issues should be avoided by courts if a case can be disposed of on nonconstitutional grounds.


  6. - Anonymous - Thursday, Aug 25, 11 @ 12:51 pm:

    Off topic, but in follow-up to some of the comments made in the “Judge rules that Daley can be sued in alleged torture cover-up case”.

    http://www.suntimes.com/news/7252384-418/9-arrested-for-sex-trafficking-ring-involving-girls-as-young-as-12.html

    IMHO the emphasis on “not overseas” and “not foreign countries” was interesting and appropriate.


  7. - The Cardinal - Thursday, Aug 25, 11 @ 2:48 pm:

    The AG and Press Assoc should be on the hook for the ISRA legal fees. What a ridiculous FOIA and AG decision to uphold the FOIA. They played a game with law abiding gun owners or FOID card holders and got beat. Time to pony up. What ever happened to PRIVACY within ones own home.


  8. - walkinfool - Thursday, Aug 25, 11 @ 2:49 pm:

    Let’s not forget the fundraising opportunities associated with keeping the case alive.


  9. - Rich Miller - Thursday, Aug 25, 11 @ 2:49 pm:

    ===and got beat.===

    No, they didn’t. At least, not in a courtroom.


  10. - Logic not emotion - Thursday, Aug 25, 11 @ 3:03 pm:

    I agree with the ISRA following through. The legislature could certainly change and the costs which ISRA incurred should be reimbursed.


  11. - DTOM - Thursday, Aug 25, 11 @ 3:09 pm:

    The fact the having a FOID card meant that we had to fight for our right to stay anonymous shows how silly the entire process is. Anyone who thinks that FOID cards are about anything other than revenue and regulation should rethink their position. Why is it that in Illinois I can’t own a gun without worrying about whether or not people can access that information. This wouldn’t even had been an issue if there wasn’t a FOID card to begin with.


  12. - Small Town Liberal - Thursday, Aug 25, 11 @ 3:19 pm:

    - Anyone who thinks that FOID cards are about anything other than revenue and regulation should rethink their position. -

    Yeah, that $10 I shell out every 5 years is really keeping Illinois’ roads paved with gold. Take a breath dude.


  13. - DTOM - Thursday, Aug 25, 11 @ 3:25 pm:

    $10 plus time consumed filling out the application and paying another $15 for a valid picture ID for state comparison. Not to mention that the FOID card isn’t a valid form of state ID.

    $1.3 million FOID card carriers times $10 is $13 million dollars every five years. And it isn’t even an issue about money more than it is about Constitutional rights. Open your eyes dude.


  14. - Small Town Liberal - Thursday, Aug 25, 11 @ 3:39 pm:

    - And it isn’t even an issue about money more than it is about Constitutional rights. -

    Why don’t you convince your pals to take the constitutionality of FOID cards to the Supremes? Maybe then you would finally understand that a constitutional right doesn’t mean an unregulated right.

    And if you think the state puts up with gun nutters crying for $2.3 million a year in a $33 billion budget, you not only need to open your eyes, I’d strongly recommend getting them checked out as well.


  15. - wordslinger - Thursday, Aug 25, 11 @ 3:44 pm:

    What Constitutional right is being violated by requiring an FOID card?


  16. - DTOM - Thursday, Aug 25, 11 @ 3:49 pm:

    Tell the Illinois State Police that you are going to cut an $2.2 million from their annual budget and see what kind of response you get. Try cutting $2.2 million from any Deparments operating budget and see how far you get. The Supreme Court has better issues to tackle than how Illinois fleeces its populace with random taxes and fees. What happens is people will just choose to move out of the state…which is happening already. Pretty good policy considering 87% of the states revenue is generated from personal income.


  17. - DTOM - Thursday, Aug 25, 11 @ 4:03 pm:

    I’m not going to get into a Constitutional argument on a Capitol Fax message board about the Constitutionality of making those who own firearms public information.

    You can regulate it all you want, but we should be clear about what the intent of the regulation is. Is it lower crime rates? Regulation to keep guns out of the hands of those who might not be in the state of mind to purchase a gun? Revenue?

    These are all valid reasons but don’t get upset when people cry foul because they feel like they are being picked out for abiding by a law that they don’t feel is warranted. Maybe there needs to be another discussion about the reasoning behind the FOID card and if it is serving the purpose it was intended for back in 1968.


  18. - Rich Miller - Thursday, Aug 25, 11 @ 4:08 pm:

    ====Try cutting $2.2 million from any Deparments operating budget and see how far you get.===

    You must’ve been asleep this past spring.


  19. - sal-says - Thursday, Aug 25, 11 @ 4:30 pm:

    Let’s make more attys. Apparently, you can never have too many lawsuits.


  20. - Anonononon - Thursday, Aug 25, 11 @ 4:38 pm:

    I saw the uproar about cutting spending this spring! They wouldn’t have cut a thing if it wasn’t absolutely necessary.

    I’m thinking if they tried to do away with FOID cards the first argument against it would be, “we will lose x amount of jobs because of this cut” and not “how will people sleep safely at night knowing that Illinois doesn’t require law abiding citizens to register with the state to own a gun?” I mean, Illinois is ranked 13th in violent crime rates according to census.gov…not exactly the best argument for FOID cards keeping crime rates down.


  21. - wishbone - Thursday, Aug 25, 11 @ 10:23 pm:

    Big Jim is a “best friend” to George Ryan. That says it all.


  22. - wishbone - Thursday, Aug 25, 11 @ 10:27 pm:

    “gun nutters”
    C’mon Rich, rules are rules.


Sorry, comments for this post are now closed.


* Reader comments closed for the holiday weekend
* Lingle out as COO, Messina in at IEPA
* Question of the day
* It's already getting super ugly
* Rauner celebrates museum reopening after decimating it
* A huge transit TIF bill passed yesterday
* Rauner talks about the deal
* Trust issues go both ways
* Don't break your arms patting yourselves on the back
* "We certainly are not undoing the damage that we've done to this state by not working together, by not doing our jobs"
* Rauner signs extension of medical marijuana program
* Ain't so easy, is it?
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............
<


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

  
* iPhone 7 Pro storage options, Google HTC Nexus specs & more – Pocketnow Daily
* George Stroumboulopoulos to Kick Off Canadian 'Takeover' of Beats 1 Tomorrow
* LG fires executives because of the G5
* This is the Samsung Galaxy Note 7
* Best Buy will throw in a $75 GC if you buy a US factory unlocked Galaxy S7 or Galaxy S7 Edge
* AT&T MVNO H2O Wireless upping data buckets for pricier brackets
* Obama dropped BlackBerry and now the Senate has, too

* Gonzalez does his part, but bats stymied
* Fulmer among top prospect performers Friday
* Sale, Fister set to duel in premier pitching matchup
* Despite rut, White Sox aren't panicking
* Astros 5, White Sox 0: Unlucky early, thin late
* Gonzalez does his part, but bats stymied
* Sale, Fister set to duel in premier pitching matchup

...............


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0
WordPress

Loading


* Election, angry voters prompt budget deal - DeK.....
* Election, voters near 'revolt' prompt budget de.....
* Illinois medical marijuana program gets boost f.....


* 2 dead, 4 officers hurt after police pursuit ends in crash
* Governor names pro-business official new head of IEPA
* Illinois medical marijuana program gets boost from Rauner OK
* Election, voters near 'revolt' prompt Illinois budget deal
* Judge: Special prosecutor to investigate Chicago officers
* Chicago police assign 150 more officers to street duty
* Chicago police prepare for July 4 weekend violence
* Ex-Swansea man gets 56 years in prison for rape of child
* Central Illinois man pleads guilty in child pornography case
* Woman charged with drug-induced homicide in overdose death

* Will budget stalemate resume in January?
* Former Hawaii Gov. Lingle leaves Rauner administration; new EPA head also named
* Lawmakers OK grace period for late license registration
* Illinois budget impasse affects state parks spending
* Illinois medical marijuana program gets boost from Rauner approval
* Rauner signs bill extending medical marijuana program
* Rauner grants clemency to 6 people; denies 150
* Lawmakers approve stopgap spending deal, Rauner signs it
* Gov. Rauner attends State Museum reopening ceremony, thanks staff
* Rauner attends State Museum reopening ceremony, thanks staff

* Who benefits from stopgap state budget?
* Litigation finance firm sues IP lawyer Ray Niro
* Chicago police prepare for July 4 weekend violence
* A Hershey sale wouldn't sour regulators
* Chewing on IPO or sale options for Ferrara Pan


* Chicago Police arrest 88 ahead of Fourth of July weekend
* Man wounded in Austin shooting
* Man shot in Lawndale
* Man wounded in South Shore drive-by shooting
* Dear Abby: People notice my twin but not me
* Georgia Nicols horoscopes for July 2, 2016
* 17-year-old girl shot in Austin
* Robin Ventura seems pretty comfortable on hot seat
* Troubled Johnny Manziel facing long climb out of abyss
* Cubs struggle vs. NL big boys, drop 10th of 15 vs. winning teams


* Conviction vacated, new trial granted for Adnan Syed of 'Serial'
* Judge blocks Indiana genetic abnormality abortion law
* Syria's refugee children have lost all hope
* Durbin sees 'appearance of impropriety' as Obama associates pursue for-profit university deal
* Young couple convicted in Bali suitcase murder break up
* Kris Bryant's HR vaults Cubs to 2-0 lead in 4th
* Judge still mulling who to appoint to prosecute cop in Laquan McDonald killing
* Vernon Hills man charged with sexually assaulting teen he met on Facebook
* Judge threatens city of Chicago over failure to turn over documents
* Mayor Emanuel says Chicago schools will open on time this fall


* Will budget stalemate resume in January?
* Charles Krauthammer: Brexit: Sovereign Kingdom or little England?
* Ra Joy: Illinois needs redistricting changes to get other reforms
* Former Hawaii Gov. Lingle leaves Rauner administration; new EPA head also named
* Lawmakers OK grace period for late license registration
* Illinois budget impasse affects state parks spending
* Illinois medical marijuana program gets boost from Rauner approval
* Rauner signs bill extending medical marijuana program
* Rauner grants clemency to 6 people; denies 150
* Lawmakers approve stopgap spending deal, Rauner signs it


* Illini roundup: McFadden remains on roll
* Lunt at ease ahead of final collegiate season
* UI hoops recruit glance: RaiQuan Gray
* Lift for Life 2016
* PODCAST: Sports Talk 07-01-16
* Indian Acres Patriotic Parade
* Wisconsin professor named dean at UI's Applied Health Sciences
* Tom's #Mailbag, July 1, 2016
* UPDATED: Boil order lifted in Pesotum
* Rain ahead by Sunday; heat & humidity next week


* AP Source: Kevin Durant meets with Warriors
* Stroke for stroke: Phelps edges Lochte at US swim trials
* Gonzalez solid but White Sox shut out by Astros 5-0
* LEADING OFF: Cleveland goes for 15, Fernandez doing it all
* Seager, Lee power Mariners to 5-2 win over Orioles

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Key US Senate votes on Zika, Puerto Rico d......

* Key US Senate votes on Zika, Puerto Rico d......

* Lakeview Pantry Holds Open House Today To Show Off New Space
* Ice Cream Social And Public Roll Call Saturday Morning
* Lynch had better follow FBI findings
* Not Ready For The Fourth To End? Come To Driftwood
* Cartoon Of The Day
* Cartoon of the Day - 7/1/16 Terrorists at gun shop
* Gig Economy Workers Should Have Unemployment Protections, Experts Say
* Men's Shelter At Lawrence & Sheridan To Close July 31 Due To Budget Impasse
* Men's Shelter At Lawrence & Sheridan To Close July 31 Due To Budget Impasse (Updated 1x)
* Senate fund announces $40 M in First Round of Fall TV ads; none for Kirk


* Emergency Management Officials, National Weather Service Encourage Winter Preparedness - November is Winter Weather Preparedness Month in Illinois
* Keep Your Family Safe This Winter - November through February are leading months for carbon monoxide related incidents
* Governor Takes Bill Action
* Illinois Department of Labor Director Hugo Chaviano Awards Governor’s Award for Contributions in Health and Safety to the Illinois Refining Division of Marathon Petroleum Company LP
* State Regulator Elected Treasurer of Interstate Medical Licensure Compact




Hosted by MCS -- CapitolFax.com Privacy Policy -- SUBSCRIBE to Capitol Fax -- Advertise Here -- Mobile Version -- Contact Rich Miller