Southern IL Judge Rules FOID Unconstitutional

By Benjamin Cox on April 29, 2021 at 9:30am

A Southern Illinois resident judge has ruled that the State of Illinois’ FOID Card system is unconstitutional. White County resident judge T. Scott Webb ruled that the system is a violation of a citizen’s Second Amendment rights to the U.S. Constitution in the case of People of Illinois vs. Vivian Claudine Brown.

In March of 2017, Brown was accused of possessing a firearm without a FOID card. She argued she is a law-abiding citizen keeping the firearm in her home, and that the FOID card infringes on her right to self defense. In dismissing the charges against Brown, Judge Webb also ruled the FOID card unconstitutional.

In his ruling, Webb said “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.” Webb went on to say that convicted felons and those with documented mental illness should have the right stripped from them.

The Illinois State Rifle Association praised the decision in a press release yesterday, with Executive Director Rick Pearson saying he’s hopeful for a positive outcome after the Illinois Supreme Court takes up the case. Last April, the Illinois Supreme Court sent the case back to the circuit court with a split ruling, not deciding.