SAF: Illinois Judge Rules FOID Card Requirement Unconstitutional for Guns in Home

BELLEVUE, WA – An Illinois Circuit Court Judge in White County has ruled the requirement for possessing a Firearm Owner’s Identification Card to possess a gun in the home is unconstitutional under the Second Amendment.

The case is known as Illinois v. Vivian Claudine Brown. Her case is supported by the Second Amendment Foundation and Illinois State Rifle Association. According to Brown’s attorney, David Sigale of Wheaton, Ill., this is the second time a judge has declared the FOID Card Act unconstitutional, dismissing the charges against Brown, who had a bolt-action rifle in her home, but did not possess an FOID card.

SEE ALSO: Massive Delays for FOID Card, CCW Permits in Illinois As Crime Spikes

“The FOID Card requirement in order to exercise the constitutionally enumerated right to keep and bear arms under the Second Amendment clearly goes too far in this case,” said SAF founder and Executive Vice President Alan M. Gottlieb. As White County Circuit Judge T. Scott Webb notes in his ruling, ‘It simply cannot be the case that a citizen must pay a fee in order to exercise a core individual Second Amendment right within their own home.’ For too long, Illinois has been treating this right like a regulated government privilege and that needs to stop.”

In his ruling, Judge Webb observed, “If the right to bear arms and self-defense are truly core rights, there should be no burden on the citizenry to enjoy those rights, especially within the confines and privacy of their own homes.”

This second ruling on FOID card constitutionality could clear a direct path back to the Illinois State Supreme Court, Gottlieb and attorney Sigale agree.

“The idea that an Illinois resident doesn’t enjoy Second Amendment rights until he or she pays a $10 fee for a FOID card is outrageous,” Gottlieb said. “Nowhere should such a mandate be allowed to stand.”

About SAF

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms.  Founded in 1974, The Foundation has grown to more than 700,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. 

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{ 4 comments… add one }
  • Kane May 3, 2021, 10:59 am

    OK, so my recollection was of a bit but below is what the ISRA news letter stated.

    “HB1091 HFA#1 was really a redo of SB1966 from last session. It would require every FOID card holder to be fingerprinted, ban the private sale of firearms, raise the cost of a FOID card by 1400% for new applicants and 300 % for renewals. This bill is the anti-gunners’ dream. We will see this bill again in some form in the Illinois House. The Illinois Senate version of the bill is SB0568. It is sponsored by Senator Ram Villivalam (D-8 Chicago). This bill could pop up at any time. We will keep you posted.”

    Also, the FOID revenue was transferred to general funds and raided of over $30,000,000. If that money was still available the process of issuing and renewing CC applications would NOT be such a mess.

  • Kane May 3, 2021, 10:43 am

    The Demsheviks want to raise the cost of the FOID some 4000% and renewal every 5 years instead of 10 according to the ISRA. Also, the Demsheviks want to require finger printing requirements on the FOID background checks.

  • a11four1 May 3, 2021, 10:12 am

    Poll taxes, a good example; one of myriad extortion’s created to fill overdrawn government coffers. It’s not possible to document them, too numerous.
    With _unlimited_ means to conduct business in that manner, who’s to stop them?

    _Constitutional rights_ are just tip of the iceberg.

  • Dr Motown May 3, 2021, 7:20 am

    If a “poll tax” is illegal, so should any fees be that restrict other Constitutional rights

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