The White County decide finds the Illinois FOID card unconstitutional. The prosecutor awaits an Illinois attraction
(The Center Square) – A White County Circuit Court judge has ruled the Illinois gun owner’s ID card unconstitutional, paving the way for the Illinois Supreme Court to reconsider the issue.
In 2017, Vivian Brown, an elderly person from White County, was charged with violating the FOID card law for owning a rifle without having a FOID card.
In February 2018, the White County Circuit Court joined Brown and found the FOID Card Act to be unconstitutional when applied to their case. The state appealed directly to the Illinois Supreme Court several months later.
Latest AprilThe Illinois Supreme Court made no decision on the case and questioned the process used by the district court.
On Tuesday, White County Judge T. Scott Webb dismissed Brown’s charges, ruling that the FOID Card Act was unconstitutional. It makes the second amendment a “facade” that turns a right into a privilege.
“[T]The Tribunal finds that any charge associated with home conviction exercising the basic constitutional right to armed self-defense is in violation of the second amendment, “Webb wrote.
“[R]Requesting a law abiding citizen for a FOID card and paying a $ 10 fee to exercise her second right of amendment within the confines and privacy of her own home does little to protect the public, ”Webb wrote. “If the right to bear arms and defend themselves are truly core rights, there should be no burden on citizens to enjoy these rights, especially within the confines and privacy of their own homes. A citizen’s rights after the second change should not be treated like a driver’s license. “
Webb noted that the state responded that the “FOID Card Act” does not prohibit the possession of a weapon in a person’s own home for self-defense. All that is required is that a person is previously licensed to do so. “
“The Court notes that this claim is a distinction without distinction,” wrote Webb. “Without the license, it’s illegal to have such a weapon in-house. So it has the same ultimate effect as an outright ban. It just comes to the same end in different ways.
“Unfortunately, the state of Illinois does not recognize a citizen’s right to armed self-defense in the privacy of their home through the FOID Card Act unless and until they pay the $ 10 fee, produce a photo and demonstrate that they are not part of the litany who meet the disqualification criteria, “wrote Webb. “In the eyes of this court, the whole process is reversed. The burden should be on the state. “
Richard Pearson, executive director of the Illinois State Rifle Association, welcomed the ruling and said he hoped for a positive outcome if the Illinois Supreme Court takes the case.
“It is utterly ridiculous that honest citizens have to pay fees, fill out applications and wait for the government to respond to their requests in order to exercise their rights,” said Pearson. “Illinois is one of only four states with the arcane FOID laws. We must join the other 46 states that put our constitutional freedoms first. “
The Illinois Attorney General did not immediately respond when asked whether to appeal the verdict.
“I spoke to the assistant attorney general and I understand they will appeal to the Illinois Supreme Court,” said White County Attorney Denton Aud. “This is an appeal issue and I hope the Illinois Supreme Court will find a solution to the problem.”
The state is facing other lawsuits in state and federal courts over the ongoing backlog of FOID card applications. Tens of thousands of residents have waited months beyond the statutory deadline to receive their cards.
The White County judge will rule on the FOID card