Bolingbrook, Il,-- For over a year now retired police sergeant, Drew Peterson has been called a lot of names including, suspect but never charged in connection with any mishaps involving his former wives.
The Illinois State Police have either revoked or cancelled Peterson’s Firearms Owner’s Identification Card without cause and so far, has refused to provide a hearing.
Since the action by the ISP two court decisions have come down, one from the US Supreme Court, District of Columbia v. Heller that held the right to keep and bear arms was an individual right. The question left open was whether the Second Amendment was only a protection against federal not state gun prohibitions.
The other case was decided just this week by the Uber-Liberal 9th Circuit Court of Appeals. This court ruled in Nordyke v. King that the states must honor Second Amendment rights under incorporation provided by the 14th Amendment. Now there is little doubt that many state gun laws and prohibitions will fall. The Nordyke case will never be appealed to the Supreme Court by either side.
In addition the FOID card is considered property and can’t be taken without due process of law under the Fifth Amendment of the US Constitution.
It’s pure and simple that the Illinois State Police have violated Drew Peterson’s Civil Rights under color of law.
Today Peterson’s lawyer Joel Brodsky sent a strong letter to the Illinois State Police demanding a hearing on the matter. Unless they either hold a hearing and show just cause or reinstate Peterson’s FOID card The next step will be the filing of an indefensible civil rights lawsuit against the Illinois State Police.