Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Illinois FOID Card Requirement Found to be Unconstitutional…Again
AmmoLand ^ | February 12, 2025 | Dean Weingarten

Posted on 02/14/2025 4:41:06 AM PST by marktwain

An Illinois Circuit Court in White County has found portions of the Illinois Firearms Owner ID law to be unconstitutional under the Second Amendment for the third time. From wmay.com February 10, 2025:

A White County Illinois judge has found the state’s Firearms Owner’s ID card unconstitutional when enforced against someone possessing their firearms in their home.

The case Illinois vs. Vivian Brown stems from a 2017 case where police found a rifle in her home and charged her with possessing a firearm without a FOID card.

This is the third time an Illinois White County Circuit Court has found the requirement to have an FOID card merely to possess a firearm in their home to be unconstitutional. The same judge, T. Scott Webb, has heard the case all three times.  From the 2025 decision at saf.org:

Conversely, since the inception of this case, both parties have agreed that the Defendant was and is eligible to receive a FOID Card and, as such, is a law abiding, responsible citizen. Only now does the State seek to re-define the Defendant as a criminal and strip her of her Second Amendment rights. Despite the State’s novel “law-abiding” argument, this Court has determined that the Defendant is a responsible, law-abiding citizen deserving of the protections guaranteed under the Second Amendment. Accordingly, the Defendant’s possession of a .22 caliber rifle withing the confines of her home, even without a valid FOID card falls squarely within the protections afforded her by the Second Amendment.

The Illinois Supreme Court has been unwilling to make a decision in the case. In a 2018 decision, the FOID card was found to be unconstitutional. From Illinois v. Brown:


(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Illinois
KEYWORDS: 2a; banglist; foid; il; illinois; unconstitutional
The FOID card is clearly unconstitutional. A slim majority on the Illinois Supreme Court does not want to do their job and touch the hot potato. This will be the third time to the Illinois Supreme Court. Maybe with Trump as President, they will do their job, instead of hoping the U.S. Supreme Court would become progressive again.
1 posted on 02/14/2025 4:41:06 AM PST by marktwain
[ Post Reply | Private Reply | View Replies]

To: marktwain

Leftards such as wHitler never stop marching (until they are jailed and executed for treason). Similar to Hochul. They just ignore oppositional rulings, which is what MAGA MUST do in turn.


2 posted on 02/14/2025 4:49:25 AM PST by AbolishCSEU (Amount of "child" support paid is inversely proportionate to mother's actual parenting of children)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

If we had a real Supreme Court, no state would have any gun control. And, I’d like it to be a felony for any elected legislator to try and impose gun control.


3 posted on 02/14/2025 4:52:08 AM PST by ClearCase_guy
[ Post Reply | Private Reply | To 1 | View Replies]

To: ClearCase_guy

Just a question, at what point do you draw a line at owning weapons? Should people own manpads? Artillery with ammo? Functional tanks?

Not making an argument on touchy subject, just curious about hearing someone’s opinion.


4 posted on 02/14/2025 5:31:33 AM PST by Eastern Shore Virginian (Yea, I sometimes gild the lily.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Eastern Shore Virginian

In the Constitution there is a proviso for Letters of Marque — such that, if you own a Warship, you might gain government permission to go off an raid an enemy nation. Also, it was well understood that some private citizens at the time owned artillery (cannons).

I don’t want prison inmates to have firearms in their possession. That might be the only line I would draw. Other exceptions might come up that I might agree with — but I see the Right in an extremely broad and all-encompassing way.


5 posted on 02/14/2025 5:39:08 AM PST by ClearCase_guy
[ Post Reply | Private Reply | To 4 | View Replies]

To: marktwain
Hmm. I'm in Illinois and I do have an FOID (not concealed carry).

Is there any implication in this respecting concealed carry?

6 posted on 02/14/2025 5:50:30 AM PST by Salman (In Hell it is a punishable offense not to call it Heaven.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Eastern Shore Virginian

The basic 2A reads, in part: “- - -the right of the people to keep and bear Arms, shall not be infringed.”

In the era the 2A was written, the private ownership of hand guns and long guns was a common thing for the sake of self protection and hunting. The writers of this amendment knew fire arms technology had advanced over the centuries and most certainly were aware such advancement would continue.

If they would have wanted the Brown Bess rifle to be the only gun that could be owned, then language to that effect would have been included somewhere.

My point is, any hand gun or long rifle of today or yesterday’s design can be legally owned and such a right cannot be infringed on. If a person wants to own a hundred AR15’s, so be it. It’s no ones damn business.

However restrictions should be placed on criminals committing crimes using guns.

The 2A and massive gun sales over the past few years save our bacon from the Biden regime.


7 posted on 02/14/2025 6:20:25 AM PST by redfreedom (Happiness is shopping at Walmart and not hearing Spanish once!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: AbolishCSEU

Guess they figure if we go before enough courts they have to win one. Of course nothing happen to the other 99 arrests were they lost!


8 posted on 02/14/2025 6:24:48 AM PST by Lockbox (politicians, they all seemed like game show host to me.... Sting)
[ Post Reply | Private Reply | To 2 | View Replies]

To: marktwain

[[A White County Illinois judge]]

That’s racist!

Nothing in the Constitution states that gun owners need to be registered and have id cards!

Weird how liberals demand gun id’s but scream and hollar when conservatives state quite reasonably that voters need to prove citizenship to vote.


9 posted on 02/14/2025 6:25:27 AM PST by Bob434 (...Time flies like an arrow, fruit flies like a banana)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Salman

Hmm. I’m in Illinois and I do have an FOID (not concealed carry).
Is there any implication in this respecting concealed carry?

+++++++++++

My first fake ID was made using a FOID application form. I still have it 45 years later. As I understand the FOID is needed to purchase ammunition / guns. Don’t know about FOID and CC. I ask no one for permission to CC and as such have no CC ID.


10 posted on 02/14/2025 6:26:18 AM PST by mund1011 (We can ignore reality, but we cannot ignore the consequences of ignoring reality)
[ Post Reply | Private Reply | To 6 | View Replies]

To: ClearCase_guy

A felony with the only punishment allowed to be hanging until dead. Time to end the assault on the God blessed constitutional rights of Americans. Armed citizens make for more polite societies.


11 posted on 02/14/2025 6:28:24 AM PST by Tudorfly (All things are possible within the will of God.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: ClearCase_guy

“some private citizens at the time owned artillery (cannons)”

I own a cannon. One of my neighbors owned a huge German 1917 Krupp 210mm Lange Morser


12 posted on 02/14/2025 6:39:10 AM PST by algore
[ Post Reply | Private Reply | To 5 | View Replies]

To: Eastern Shore Virginian

some things are state specific
somethings are fed specific
somethings are local specific
somethings are all or a combination of the above

a machine gun is legal - to include a mini-gun - grenade launcher(have to jump thru hoops to own one)
a gatling gun is legal
a flame thrower is legal
a cannon is legal
a tank is legal
Tannerite is legal

A claymore mine is not legal - darn it.


13 posted on 02/14/2025 8:15:17 AM PST by stylin19a ( If you think it's hard to meet new people, try picking up the wrong golf ball.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: stylin19a

I’m aware... except for the claymore. I’ll take it off my Christmas list. The question is to the degree you think weapons should be regulated. Or, should the Second Amendment have no cap at all. IF there is a local or state or federal law that is a restriction, is the Second Amendment being infringed on? Are our rights being infringed on?


14 posted on 02/15/2025 4:44:39 AM PST by Eastern Shore Virginian (Yea, I sometimes gild the lily.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Eastern Shore Virginian

Good questions.And they’ll continue to be asked long after i’m dead and gone.
I’m not a fan of regulation of a God-given, constitutionally protected right.
Once the camel’s nose is under the tent, where does it stop ?
with that said, should the weapons be regulated ? in a word...no.
Restricted ? no - and this is the SCOTUS ruling in Bruen (which seems to allow legislature to legislate ((Illinois gun type and gun accessory bans)) and let the courts decide on restriction )

“Under this framework, courts must assess whether a given regulation is consistent with the historical understanding of the Second Amendment at the time of its ratification.”


15 posted on 02/15/2025 10:07:08 AM PST by stylin19a ( If you think it's hard to meet new people, try picking up the wrong golf ball.)
[ Post Reply | Private Reply | To 14 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson