Guilty Until they Prove Themselves Innocent

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The police can approach you and demand you ‘show your papers’ to prove you’re allowed to exercise this right, otherwise, you are committing a crime.

Some people may have an urgent need to obtain a firearm for self-defense in their home because of a threat they face, yet they absolutely cannot do that. They have to file the application, go through the process, and wait as long as the state wants to take.

At every step of the way, the burden of proof is on the citizen to be allowed to exercise their rights. You go through the first round, and if they deny you, you can do an internal appeal within the Illinois State Police, which has a review board. If you lose at all those stages, you can go to court, but even then, the burden of proof remains on you to show that you’re entitled to exercise your Second Amendment rights.

In our view, that is the exact opposite of how constitutional rights are supposed to work. A right means that you are presumed allowed to do something unless the government has a sufficiently good reason to stop you. Normally, if the government wants to disarm a particular person, they have to go to court, get a restraining order, and present evidence showing why that person shouldn’t be allowed to have a gun. But in Illinois, everybody is treated as guilty until they prove themselves innocent.

Jacob Huebert
NCLA Senior Litigation Counsel
May 19, 2026
Civil liberty advocates sue blue state over ‘show your papers’ gun law

I am inclined to believe there would be a far fewer infringement of civil rights if the constitution allowed for government officials to be presumed guilty until they prove themselves innocent.

Just a thought…

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