Illinois Circuit Judge Rules State’s FOID Card Law Unconstitutional, Violates a ‘Core Fundamental Constitutional Right’

After analyzing all the evidence in this matter, the Court finds the Defendant’s activity of possessing a firearm within the confines of her home is an act protected by the Second Amendment. Additionally, there are no historical analogues to the FOID Act as required in Bruen. Finally, the Court finds that any fee associated with exercising the core fundamental Constitutional right of armed self-defense within the confines of one’s home violates the Second Amendment. Specifically, the Court finds 430 ILCS 65/2(a)(1) and 430 ILCS 65/5 unconstitutional on their face and as applied to law-abiding citizens within their home as well as to the Defendant in the case sub judice under the Second Amendment under the United States’ Constitution. This Court cannon reasonably construe the FOID Card Act in a manner that would preserve its validity. In addition, the finding of unconstitutionality is necessary to the Court’s decision, and it cannon rest its decision upon an alternative ground. 

— Circuit Judge T. Scott Webb in State of Illinois v. Brown

From the Second Amendment Foundation . . .

A Circuit Court judge in Illinois has struck down the state’s requirement to have a Firearm Owner Identification (FOID) card to possess a firearm in the home for personal protection in a case supported by the Second Amendment Foundation and Illinois State Rifle Association. 

The case is known as State of Illinois v. Vivian Claudine Brown. Ms. Brown is represented by attorney David Sigale of Lombard, Ill.

In his 15-page decision, White County Resident Circuit Judge T. Scott Webb observed, “The Defendant’s possession of a .22 caliber rifle within the confines of her home, even without a valid FOID card falls squarely within the protections afforded her by the Second Amendment.

“If an intruder had entered Ms. Brown’s home,” Judge Webb added, “and threatened violence towards her and, God forbid, she was forced to use that .22 rifle to defend herself, she would have committed a class A misdemeanor carrying with it a possible penalty of up to 364 days in the county jail. She could claim self-defense, but that does not change the fact that she possessed a firearm without a valid FOID Card. Such an outcome is asinine especially in this great nation that so cherishes the right to be secure and defend oneself within the home.”

“This is an important ruling in a case that has been up and down the Illinois judicial ladder a couple of times already,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “We expect the state to appeal again, which could put the case right back before the Illinois Supreme Court for the third time, and we are confident we will win. It’s hard to see how the Illinois Supreme Court avoids the constitutional issue, as they have done on the previous two visits.”

“Today’s decision reflects a correct application of Supreme Court precedent to unconstitutional restrictions on the rights to keep and bear arms,” said SAF Executive Director Adam Kraut. “Illinois’ FOID card poses an untenable barrier to the exercise of Second Amendment rights in one’s home as the court correctly identified. Determining the FOID card to be an unconstitutional obstacle to firearms ownership and possession in one’s home was the only logical result.”