In layman’s terms: An Illinois judge ruled that the Second Amendment is sufficient to possess a gun in your home and state-mandated cards are Unconstitutional.
An Illinois Circuit Court Judge ruled that the state-mandated Firearms Owners Identification Card (FOID) is unconstitutional, setting a positive precedent for other states, like New Jersey, that require similar “permission slips” for individuals to exercise their Second Amendment rights.
On February 10, in a case called State of Illinois v. Vivian Claudine Brown, White County Circuit Court Judge, T. Scott Webb, granted the motion to dismiss the case in a 15-page decision, finding the statute unconstitutional.
Illinois imposes a requirement for individuals to have a Firearm Owner Identification (FOID) card to possess a firearm in their home. Vivian Claudine Brown is an Illinois resident with no criminal history who was criminally prosecuted by the State Attorney’s office in 2017 for having a .22 rifle in her home without a FOID card. As the decision notes, the procedural history of this case is extensive, involving other cases, and is the third such iteration. This case is supported by the Second Amendment Foundation and Illinois State Rifle Association.
“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 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.”
Judge Webb succinctly summarized the entire case and the obvious decision:
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.
He also makes some very important points underpinning his decision which starts by deconstructing the Gunn case in which the state improperly interpreted Bruen to secure its position that FOID cards are Constitutional, summarizing, “In what universe is that a thorough and proper Constitutional analysis?”
Judge Webb also points out the ridiculous position that the state’s statute places otherwise law-abiding citizens in with regard to self-defense:
If an intruder had entered Ms. Brown’s home, 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.
The state is likely to appeal this decision. We will continue to follow this case.
