Circuit Court Judge Strikes Down Illinois FOID Card Requirement for Guns in the Home

On Monday, White County Resident Circuit Judge T. Scott Webb ruled against a requirement that Illinois residents must obtain a Firearm Owners Identification (FOID) card in order to possess a gun in the home for self-defense.

The case, State of Illinois v. Vivian Claudine Brown, which was supported by the Second Amendment Foundation and the Illinois State Rifle Association, centered on Brown’s possession of a .22 rifle in the home for self-defense on March 18, 2017, without an accompanying (required) FOID card.

She was charged due to her lack of a FOID card, and a suit was subsequently filed. The suit challenged not only the FOID card requirement but also the fee to obtain such a card, which is $10. Brown argued that the fee “suppresses a fundamental right that is recognized to be enjoyed in the most private areas, such as the home.”

Webb weighed the case in light of Heller (2008) and Bruen (2022), ultimately found that “the defendant’s possession of a .22 caliber rifle within the confines of her own home, even without a valid FOID card falls squarely within the protections afforded her by the Second Amendment.”

Moreover, regarding the FOID card fee, Webb noted:

If we compare [the right to keep and bear arms in one’s home] to the right to vote, requiring a voter to pay an administrative fee for absentee voting from their own home would be unthinkable. There is no question that voting from home requires more administrative work. Yet, to require the payment of additional fees would disenfranchise voters, regardless of the amount of the fee.

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. Additionally, there are no historical analogues to the FOID Act as required in Bruen.

Webb went on to point out that any fee associated with a FOID card, as related to possessing one for having a gun in one’s home for self-defense, “violates the Second Amendment.”

Second Amendment Foundation founder and senior vice president Alan Gottlieb reacted to Webb’s ruling, saying, “This is an important ruling in a case that has been up and down the Illinois judicial ladder a couple of times already. 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.”

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Letting their irrational emotions control them.

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Soon to be appealed and dragged through the courts for even more years. What should be understood is that the state has all your tax money to continue buying judges and fighting in court for eternity. The U.S. Supreme Court seems in no hurry to put the smack down on these lower courts denying OUR constitutional rights for some reason.

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This :point_up_2:t4: sadly.

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Yep, making $$$$$ :money_mouth_face: while denying our RKBA! :rage: Besides, NOWHERE in our Constitution does it say we are required to have FOID and CCP permits (government permission slip) for firearms ownership. Trump needs to stump all these rules/laws and regulations that are radical to our gun rights, and free us from government control.

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Interesting. What can be gleaned in terms of practical usefulness to the average citizen?

To purchase, do we still require a FOID card? What if someone loans their firearm to a non FOID holder? Or a non FOID holder inherits firearm. Glad someone highlighted in this story - it deals mostly with inside a home/residence/business.

Reminds me of the “God forbid” moment, in an emergency, say a FOID holder and non FOID holder are from the same home when lethal threat occurs, ie a break in, and the non FOID holder uses the firearm, I would hope there are some legal protections for the defender.

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