BELLEVUE, WA – Feb. 10, 2025 – A Circuit Court docket choose in Illinois has struck down the state’s requirement to have a Firearm Proprietor Identification (FOID) card to own a firearm within the house for private safety in a case supported by the Second Modification Basis and Illinois State Rifle Affiliation.
The case is named State of Illinois v. Vivian Claudine Brown. Ms. Brown is represented by lawyer David Sigale of Lombard, Ailing.
In his 15-page determination, White County Resident Circuit Choose T. Scott Webb noticed, “The Defendant’s possession of a .22 caliber rifle throughout the confines of her house, even and not using a legitimate FOID card falls squarely throughout the protections afforded her by the Second Modification.
“If an intruder had entered Ms. Brown’s house,” Choose Webb added, “and threatened violence in the direction of her and, God forbid, she was pressured to make use of that .22 rifle to defend herself, she would have dedicated a category A misdemeanor carrying with it a attainable penalty of as much as 364 days within the county jail. She may declare self-defense, however that doesn’t change the truth that she possessed a firearm and not using a legitimate FOID Card. Such an end result is asinine particularly on this nice nation that so cherishes the fitting to be safe and defend oneself throughout the house.”
“This is a crucial ruling in a case that has been up and down the Illinois judicial ladder a few instances already,” famous SAF founder and Govt Vice President Alan M. Gottlieb. “We count on the state to enchantment once more, which may put the case proper again earlier than the Illinois Supreme Court docket for the third time, and we’re assured we’ll win. It’s laborious to see how the Illinois Supreme Court docket avoids the constitutional challenge, as they’ve completed on the earlier two visits.”
“As we speak’s determination displays an accurate software of Supreme Court docket precedent to unconstitutional restrictions on the rights to maintain and bear arms,” stated SAF Govt Director Adam Kraut. “Illinois’ FOID card poses an untenable barrier to the train of Second Modification rights in a single’s house because the court docket appropriately recognized. Figuring out the FOID card to be an unconstitutional impediment to firearms possession and possession in a single’s house was the one logical end result.”
