Friday, January 14, 2011

Mishaga v. Monken

Background: Ohio resident brought action against Director of the Illinois State Police, alleging denial to issue her an Illinois Firearm Owner's Identification Card (FOID Card) violated her rights to bear arms and travel. Director filed motion to dismiss.

Holding: The District Court, Michael P. McCuskey, Chief Judge, held that allegations were sufficient to state claim that Illinois Firearm Owners Identification Card Act (FOID Act) interfered with resident's right to have a weapon.

Motion denied.

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