Illinois Judge Finds FOID Unconstitutional Under Second Amendment

Why I Am Suing The Governor of Virginia, iStock-1055138108
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 being convicted of a felony or demonstrating mental illness, then and only then may the right be stripped from them.”

The theory of Constitutional rights is they belong to people by the existence of the person. They are not granted by the state. They are to be protected by the state. In the case of Illinois, the process is reversed.

Judge Webb found, in the state of Illinois, the right to own arms and defend oneself in one’s own home was not assumed by the existence of the person. Instead, the state required the person to jump through hoops and apply to the state to receive permission to exercise their rights.  This is precisely the opposite of Constitutional principles.

The rights are presumed to be there. They may only be taken away in certain strictly defined circumstances. In Illinois, they are taken away from everyone, and individuals may then petition the government to get their rights back.

The FOID case of Vivian Claudine Brown has been moving through the courts for over four years. The case started in March of 2017. It was taken to the Illinois Supreme Court, then remanded back to the circuit court in White County, Illinois a year ago, in April of 2020.

The Illinois State Rifle Association and the Second Amendment Foundation deserve considerable credit for pursuing this case.

White County is in far southern Illinois almost as far from Chicago as one can be, and still be in Illinois.  The county has one border with Indiana. The south boundary of the county is only a few miles from Kentucky.

Illinois, & New Jersey also, are outliers among the states that require the rights infringing FOID Card.

Firearms Owner Identification Card
Illinois State Firearm Owner Identification card

The Illinois FOID requirement is of recent vintage, created in 1968, the same year the infamous Gun Control Act of 1968 was pushed through a reluctant Congress by President Lyndon Johnson, and signed into law on October 22, three months before Johnson was forced from office, less than two weeks before the Democrats lost the Presidency on 5 November.

The United States has suffered under infringement after infringement of Second Amendment rights for more than 50 years. In the 1970s Second Amendment supporters started seriously organizing and fighting back.

The FOID court findings reflect the recent rollbacks of infringements on the Second Amendment. Illinois has lost two major federal cases on Second Amendment rights. The Illinois Supreme Court has paid attention.

It may be months or years before this case is resolved. The case is likely to be appealed again. It is likely to go to the Illinois Supreme Court again. The entire FOID system should simply be eliminated. There is no evidence it accomplishes any significant good. Its only purpose seems to be to create criminals.

While the courts have ruled some fees, in limited circumstances, may be allowed in order to exercise fundamental Constitutional rights in certain locations at certain times, Judge Webb finds that is not the case for fundamental Constitutional rights exercised in the privacy of ones own home, for the purpose of self-defense.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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Laddyboy
Laddyboy
17 days ago

You call it “FOID”, In Maryland it is called a “Handgun Qualification License”. I costs WAY more than $10.00!!!!!!! Oh! By the way this “HQL” does NOT allow a Legal Law Abiding American Citizen to carry! THAT takes another HUUUUUGGE HIT on you wallet to MAAAAAYYYYBBBBE get a VERY LIMITED, almost NON-EXISTANT “handgun carry permit!

Ol’ Bill
Ol’ Bill
17 days ago

RetUSAF…..Kalifornia does indeed have a similar form of FOID. In order to purchase a firearm, you must process a Firearm Safety Card, which is issued upon successfully completing a 30 question test. It’s good for five years, and cost is $25.

DaveW
DaveW
17 days ago
Reply to  Ol’ Bill

AND the state wants to tax each weapon, ammo, etc., as well as require an authorization to purchase ammo. They limit how many weapons per month. Doesn’t matter how many guns you have, they want to keep us from getting ammo. What is any firearm without ammo? An expensive paperweight.

RoyD
RoyD
18 days ago

“Accordingly, if a person does something themselves from being able to exercise that right, like being convicted of a felony or demonstrating mental illness, then and only then may the right be stripped from them.”

Here a video from someone who has a category of persons who should be denied the ability to carry arms at any time. His video stems from a recent incident at a Crab Shack in Jackson, Ms.

If you are easily offended by the truth then don’t watch the video.

Dogma Factor
Dogma Factor
18 days ago

Someone from California and any other states that have this type of requirement before one can purchase a firearm needs to now file a lawsuit and use this decision as case law to strike down this 2A restriction in their state.

Last edited 18 days ago by Dogma Factor
RetUSAF
RetUSAF
18 days ago
Reply to  Dogma Factor

California doesn’t have a FOID. Just a California drivers license, or State ID card with currant address is needed. I’m an ex-Cal resident and now live in the Communist Republic of Illinois.

Last edited 18 days ago by RetUSAF
DaveW
DaveW
17 days ago
Reply to  RetUSAF

I have a federal ID AND a federal card to carry under the POSA. I passed the background check here in CA, and I still can’t purchase common firearms available to my daughter in Ohio.

The SCOTUS determined long ago that it was illegal to charge a poll tax and other acts which interfered with blacks voting rights. What is being done today with firearms amounts to the same thing.

Bill
Bill
18 days ago

It’s only purpose is NOT to create criminals. That’s only a fringe benefit for the anti’s. The true purpose is to generate revenue for Illinois! And the odds are that the money is not used for anything other than lining some democrats pocket!

MS-Steve
MS-Steve
18 days ago

I’m cool……… if they restrict felons and crazy mofos from acquiring firearms.
Hmmmmmm, I’m just funny that way. Sorry to all you felons and crazy folks, and REALLY SORRY to all you crazy felons.

Heed the Call-up
Heed the Call-up
18 days ago
Reply to  MS-Steve

As if we do not read about those sorts you mention in the news daily, having illegally obtained and used said firearms, knives, bombs, vehicular assaults, etc. Yes, making it illegal for them to obtain firearms works well.. just like making drugs illegal works….

Rodoeo
Rodoeo
18 days ago

yeah he doesn’t realize that his rights are next…

Heed the Call-up
Heed the Call-up
18 days ago
Reply to  Rodoeo

Yes, look at the list of prohibited persons, and who they are seeking to prohibit currently. It is an ever expanding list, soon to encompass anyone that currently owns a firearm – due to anyone that owns a firearm must dangerous… 🙁

RetUSAF
RetUSAF
18 days ago
Reply to  MS-Steve

None of the Chicago savage gang bangers bother with getting a FOID card. They are criminals, criminal don’t follow laws…duh

Neanderthal75
Neanderthal75
17 days ago
Reply to  MS-Steve

Hey Dimwit:

Here’s an easy proof that even someone is dull as you can achieve;

Check the fatalities in the number of wounded for every weekend in Chicago for the last year, or if you want up to the last 10 years.

Hint: none of the people killed or wounded were shot by people with FOID cards in the drive-bys!

Wake up and smell the cordite dummy!

Cheers from the oil patch in Central Wyoming

Laddyboy
Laddyboy
17 days ago
Reply to  Neanderthal75

Dear N: “cordite”? How old art thou? LOL!!!!!

Neanderthal75
Neanderthal75
16 days ago
Reply to  Laddyboy

I was born in the year of Sputnik my dear fellow!

MS-Steve
MS-Steve
17 days ago
Reply to  Neanderthal75

Hey NumbNutz
I live outside Jackson, MS…. uncivilized savages are running loose in the city day & night, and I’ll bet 95% gotz a (stolen) 9 tucked in dey draws, pointing at dey nuts.
Even still, when a crazy mofo comes in to buy a gun, I hope it in a gun store near you.

Neanderthal75
Neanderthal75
16 days ago
Reply to  MS-Steve

For your safety and everyone’s safety, please put the pipe down and step away from the bong!

hippybiker
hippybiker
18 days ago

The problem in my former State of residence is, the FOID card is administered by the State Police and the program is underhand and underfunded. It is supposed to take 30 days by law to issue the card. It has been taking up to 6+ months in some cases.
It is way past time to end this boondoggle!

hippybiker
hippybiker
18 days ago
Reply to  hippybiker

Sorry. Underhand should be undermanned!

Heed the Call-up
Heed the Call-up
18 days ago
Reply to  hippybiker

underhanded works well, too.

Dubi Loo
Dubi Loo
18 days ago
Reply to  hippybiker

Actually they are neither undermanned or underfunded. We Illinois gun owners funded the ISP generously under duress. The executive branch (read governor) swept $30 Million from the fund to pay for their other dubious programs. So the money was there to hire lots of folks, the money was there to buy hundreds of computers. Those funds were stolen from Illinois gun owners and given to the corrupt politicians who everyday work to steal our civil Rights.

RetUSAF
RetUSAF
18 days ago
Reply to  hippybiker

A few years ago, the State Police FOID department had a multi-million dollar surplus. Instead of using the funds to modernize their computer systems and higher additional analysts. They turned the money over to the state general fund, to be flushed down the Democrat controlled toilet. Two years later they are in a pickle, caused by their own stupidity. Stupidity is Illinois’s second name!

Duane
Duane
18 days ago

The Illinois supreme court has been some what 2nd amendment friendly

uncle dudley
uncle dudley
18 days ago

Glad to see a judge stand up for the peoples rights under the constitution however I imagine the state legislature will try to get this overturned or thrown out.
Illinois has been known for years to have a crooked leadership with many elected officials thrown out of office and some sent to prison for their illegal acts.
Time will tell if this new ruling will stand.

RetUSAF
RetUSAF
18 days ago
Reply to  uncle dudley

The only honest person running Chicago. Was back in the 1930’s, a guy named Alfonso Capone. Al was more honest and less of a criminal than the present day politicians.

Last edited 17 days ago by RetUSAF
Laddyboy
Laddyboy
17 days ago
Reply to  RetUSAF

@RetUSAF: At the least, you KNEW where you stood with Big Al!!!