The majority’s decision resolves this appeal based on an issue no one has raised, decides the issue through misapplication of principles we have no reason to discuss, and remands the case to the circuit court for entry of an order that is clearly meritless and serves no purpose. Neither the parties nor the interests of justice will be served by this unexpected and pointless exercise.
Justice Lloyd Karmeier
April 2, 2020
THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. VIVIAN CLAUDINE BROWN, Appellee.
[I’ve blog about this case before.
This case began almost three years ago when a rifle was found in Brown’s home and she did not possess, and had not applied for, a Firearm Owner’s Identification Card (FOID). The majority in this decision are extremely reluctant to declare the licensing of a specific enumerated right unconstitutional and have sent it back to the lower court.
Contrary to the minority decision quote above it does serve a purpose. It preserves an illegal requirement imposed by the state for several months perhaps even a year or more. It causes the wronged parties, gun rights organizations as well as the innocent victim Brown, to expend more resources getting this illegal law partially overturned. It blocks the further liberation of gun owners suffering under oppressive laws in Illinois should the FOID requirement fall. This, I believe, was the real purpose behind the decision by the majority.—Joe]