A federal judge in Illinois has ruled that the state law requiring citizens to have a Firearm Owner Identification (FOID) card to possess a firearm in the home for personal protection is unconstitutional.
In the ruling on the case State of Illinois v. Vivian Claudine Brown, supported by the Second Amendment Foundation (SAF) and the Illinois State Rifle Association (ISRA), White County Resident Circuit Judge T. Scott Webb wrote: “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.”
The case revolves around defendant Vivian Claudine Brown and a rifle she owned. According to court papers, in March 2017, Brown’s husband called the police and said she was firing a gun inside their home. When officers arrived, they found a rifle beside the bed that Brown owned for self-defense but found no evidence it had been fired. Additionally, Brown denied firing the gun, and other occupants of the residence denied hearing any shots.
Shortly thereafter, the state attorney charged Brown with possession of a firearm without having an FOID card, a class A misdemeanor under Illinois state law.
In his ruling, Judge Webb expounded on how “asinine” it would have been had Brown been forced to use the rifle to defend herself and then face serious charges for doing so.
“If an intruder had entered Ms. Brown’s home 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,” Judge Webb wrote. “ 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.”
After close consideration, Judge Webb wrote that all factors pointed to Brown’s owning the being her right under the Second Amendment.
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,” Judge Webb concluded. “Additionally, there are no historical analogs to the FOID Act as required in Bruen. Finally, 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.”
Alan Gottlieb, SAF founder and executive vice president, said the ruling was a noteworthy one that will likely end up in the Illinois Supreme Court.
“This is an important ruling in a case that has been up and down the Illinois judicial ladder a couple of times already,” Gottlieb said in a press release announcing the victory. “We expect the state to appeal again, which could put the case right back before the Illinois Supreme Court for the third time, and we are confident we will win. It’s hard to see how the Illinois Supreme Court avoids the constitutional issue, as they have done on the previous two visits.”
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