Posted: 2/11/2025 1:02:48 AM EDT
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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.” https://www.breitbart.com/2nd-amendment/2025/02/10/circuit-court-judge-strikes-down-illinois-foid-card-requirement-guns-home/ |
While there are certainly some very intelligent people on Arfcom, I have often found that the collective "hivemind" needs to wear slip-on shoes. - Mech2007
I sell firearms produced by the finest child labor in the world, be it Filipino, Muslim, Mormon, Arizonan, or Texan.
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(From the Second Amendment Foundation email that goes out to members): In his 15-page decision, White County Resident Circuit Judge T. Scott Webb observed, “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. “If an intruder had entered Ms. Brown's home,” Judge Webb added, “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.” I love how Judge Webb used the word "asinine" to describe the State of Illinois' actions in his published decision, LOL Sven Manticore Arms |
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Originally Posted By efxguy: Would anyone care to bet that nothing will change? I do so hate to be a cynic, but I've grown up in Illinois and Chicago. Yeah this isn’t changing anything for virtually every FOID holder. IF it did, every news outlet in Illinois would be falling over themselves to out fear monger each other. Jabba is ruler of Illinois and his party controls everything. Even if the GCA ‘68 was deemed unconstitutional we would keep it. |
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Originally Posted By shadesofgrey: The fee for FOID may eventually be eliminated (per lawsuit) but the requirement dosen't seem to be going anywhere. Cook county still has the special firearm and ammunition tax too. Cook County is still charging that tax in spite of a Judge ruling it Unconstitutional, correct? |
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This is an old case from White County Circuit Court in 2017 IIRC where the defendant was found not guilty on the violation of the second amendment. The State appealed to the Appellate Court and lost (2 to 1 from the three judge panel in the 2nd Judicial Circuit). If I remember correctly the State Supreme Court rejected the Appellate Court decision and sent the case back down to the White County Circuit Court to reconsider. I think the White County Circuit modified the prior decision to where the second amendment protects a person in their home/residence from the requirement for an FOID. White County is the County where Swan Hunter (Illinoiscarry.com) resides. I’m sure Swan Hunter can clarify the specifics of this case if I’m in error. Here is a link to a long thread discussing this case on illinoiscarry.com https://illinoiscarry.com/forum/index.php?/topic/71543-people-v-brown-foid-ruled-unconstituional-in-il-district-court-once-again/page/6/ |