BELLEVUE, Wash. — Feb. 10, 2025 — A Circuit Courtroom decide in Illinois has struck down the state’s requirement to have a Firearm Proprietor Identification (FOID) card to own a firearm within the residence for private safety in a case supported by the Second Modification Basis (SAF) and Illinois State Rifle Affiliation.
The case is called State of Illinois v. Vivian Claudine Brown. Ms. Brown is represented by legal professional David Sigale of Lombard, Unwell.
In his 15-page resolution, White County Resident Circuit Decide T. Scott Webb noticed, “The Defendant’s possession of a .22 caliber rifle throughout the confines of her residence, even with out a legitimate FOID card falls squarely throughout the protections afforded her by the Second Modification.
“If an intruder had entered Ms. Brown’s residence,” Decide Webb added, “and threatened violence in direction of her and, God forbid, she was compelled to make use of that .22 rifle to defend herself, she would have dedicated a category A misdemeanor carrying with it a doable 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 with out a legitimate FOID Card. Such an end result is asinine particularly on this nice nation that so cherishes the precise to be safe and defend oneself throughout the residence.”
“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 Government 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 Courtroom for the third time, and we’re assured we are going to win. It’s exhausting to see how the Illinois Supreme Courtroom avoids the constitutional concern, as they’ve finished on the earlier two visits.”
“As we speak’s resolution displays an accurate utility of Supreme Courtroom precedent to unconstitutional restrictions on the rights to maintain and bear arms,” mentioned SAF Government Director Adam Kraut. “Illinois’ FOID card poses an untenable barrier to the train of Second Modification rights in a single’s residence because the courtroom appropriately recognized. Figuring out the FOID card to be an unconstitutional impediment to firearms possession and possession in a single’s residence was the one logical end result.”
For extra info, go to saf.org.
