(AP Photo/Adrian Kraus)
The state of Illinois is one of just a handful across the country that require a permit to possess a gun in the home and provides criminal penalties for those who are caught with a firearm, but that law took a hit on Tuesday when a Circuit Court judge ruled that the state’s Firearm Owner ID card is unconstitutional, at least when it comes to keeping arms in your residence.
The case of
Illinois v. Vivian Claudine Brown been in the state court system for several years, now, and today’s decision is actually the
Illinois Judge Finds FOID Unconstitutional Under Second Amendment
Ammoland Inc. Posted on
Illinois Judge Finds FOID Unconstitutional Under Second Amendment iStock-1055138108
U.S.A. –-(AmmoLand.com)- Judge T. Scott Webb, of White County, Illinois, Found the requirement to obtain a (FOID) before owning a firearm in Illinois, to be unconstitutional. From the decision, Case 17-CM-60, 26 April 2021:
“A citizen in the State of Illinois is not born with a Second Amendment right. Nor does that right insure when a citizen turns 18 or 21 years of age. It is a façade. They only gain that right if they pay a $10 fee, complete the proper application, and submit a photograph. 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. Accordingly, if a person does something themselves from being able to exercise being able to exercise that right, like be
Ruling could set up state Supreme Court battle over firearms ID requirement
Greg Bishop, The Center Square
April 28, 2021
FacebookTwitterEmail
Alexander Carey fills out the paperwork to purchase a gun. A White County Circuit Court ruling against the state-required Firearm Owner Identification Card could set the stage for the state s Supreme Court to consider whether the requirement is unconstitutional.Scott Olson | Getty Images
A White County Circuit Court judge has again ruled Illinois’ Firearm Owner Identification Card is unconstitutional, setting the stage for the Illinois Supreme Court to reexamine the issue.
In 2017, Vivian Brown, a resident of White County, was charged with violating the Firearm Owner Identification card law for owning a rifle without possessing a FOID card.
Ironic that for years liberal judges were decried as the “activist judges”. I wonder how the legal conservatives feel about this type of activism from the right.
If I recall correctly, this case came about due to a transfer of antique firearms after the death of a family member, and into her possession.
She was notified of the laws, and after consulting with the ISRA chose to ignore them to make a case out of this, which was what eventually led to her being charged with the violation.
Barring a reversal of precedence, it has been held many times by state and federal courts that states retain the right to regulate firearms for the purposes of public safety. The statements made by the judge seem to be ignoring that rather critical part of his job function.
Mandatory Fingerprinting, Universal Background Checks Wrapped Into Illinois Package To Fix FOID Card Backlog stlpublicradio.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from stlpublicradio.org Daily Mail and Mail on Sunday newspapers.