From The Center Square:
Illinois circuit judge finds FOID for firearms in home unconstitutional
By Greg Bishop | The Center Square
(The Center Square) – A White County Illinois judge has found the state’s Firearms Owner’s ID card unconstitutional when enforced against someone possessing their firearms in their home.
The case Illinois vs. Vivian Brown stems from a 2017 case where Brown separated from her husband. She possessed a single-shot .22 rifle in her home. Her husband filed a complaint against her alleging she fired the rifle inside the home. Police found the rifle had not been fired, but the state’s attorney charged her with possessing a firearm without a FOID card.
“After analyzing all the evidence in this matter, this Court finds that the Defendant’s activity of possessing a firearm within the confines of her home is an act protected by the Second Amendment,” wrote White County Resident Circuit Judge T. Scott Webb. “Additionally, there are no historical analogues to the FOID Act as required in Bruen.”
The judge further said in his ruling Monday, “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.”
“This Court cannot reasonably construe the FOID Card Act in a manner that would preserve its validity,” Webb said. “In addition, the finding of unconstitutionality is necessary to this Court’s decision, and it cannot rest its decision upon an alternative ground
Illinois State Rifle Association Executive Director Richard Pearson praised the ruling, but criticized Gov. J.B. Pritzker.
“It is the height of hypocrisy for Governor Pritzker to sign legislation today claiming to protect potential domestic violence victims, while at the same time the FOID card act is being used to disarm those same potential victims,” Pearson said.
Pritzker signed Karina’s Law Monday, which requires firearms to be confiscated from subjects of domestic orders of protection.
“The State claims they need to charge $10 as an administrative fee” for the FOID card, Pearson said. “The ISRA agrees with Judge Webb that the right to self defense is just as important as the right to vote. Could you imagine if voters had to pay a $10 fee in order to vote by mail? Illinois Democrats would be up in arms about disenfranchising voters but have no problem doing the same thing to firearms owners.”
Brown’s case has bounced around Illinois’ judicial system for years.
In 2020, the Illinois Supreme Court majority opinion didn’t make a decision on the constitutionality of the law in Brown’s case, but instead cited a court rule calling into question the process the circuit court used.
In 2022, the Illinois Supreme Court again sent the case back, ordering a modified circuit court order that was originally entered in 2020.
