Judge Rules FOID Card Act Unconstitutional

A White County Judge in Carmi has found the FOID Card Act Unconstitutional.

Judge Scott Webb issued the order and finding this week in the case of Vivian Brown. The case Illinois vs. Vivian Brown stems from 2017, when 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 gun inside the home.  Police found that the rifle had not been fired, but the state’s attorney charged her with possessing a firearm without a FOID card.

The Judge said because the incident occurred in Brown’s home and she was reportedly exercising her right to self-defense within her home, there were inherent rights to privacy.  The judge further said in his ruling, “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.”  It was also noted Brown had no criminal record and was otherwise eligible for possession of a firearm and issued a FOID card.

Illinois State Rifle Association Executive Director Richard Pearson praised the ruling but criticized Governor JB 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 judge’s decision finding the law unconstitutional will automatically go to the Illinois Supreme Court for review.