IL FOID Card Law To Be Tested in IL Supreme Court

By Benjamin Cox on December 7, 2019 at 9:12am

A state appellate court ruled this week that the FOID Card Act holds legal precedent for the last 51 years in the state of Illinois, but in the same opinion the court said that some other elements of a lawsuit brought by a Sangamon County group satisfies questioning of constitutionality. In May 2019, Guns Save Life, Incorporated filed a complaint declaring the act unconstitutional and asked for an injunction against the Illinois State Police and the Illinois Attorney General’s Office. The lawsuit claimed that it violated the U.S. Constitution’s Second Amendment’s guarantee of a right to bear arms and the Fourteenth Amendment’s equal protections clause because the law charges a tax on a guaranteed right by the Constitution.

The case cites two members of the group, Harold Meyer, an 84 year old man who was unable to renew his FOID because ISP erroneously determined he had been convicted of battery in 1983 and an un-named Marine Corps veteran who lost his FOID for forgetting to renew his card after 10 years and, as a result, police confiscated his guns. The Fourth District Appellate Court in Springfield said that the trial court did not properly rule in the case and will send the case back for deliberation. FOID Cards have been used in the state since 1968. The Illinois Supreme Court also is hearing two other cases dealing with two women in the state. Illinois is the only state in the country that requires FOID cards, which is in addition to a concealed carry license you must have to carry a gun. The cases all argue that the application for a FOID Card is a tax.You can view the Appellate Court ruling at this link.