A Southern Illinois judge has ruled that portions of the state’s Firearm Owners Identification (FOID) Card Act are unconstitutional. White County Judge, T. Scott Webb issued the ruling on Monday following a case involving Vivian Brown, who was charged in 2017 with possessing a firearm without a FOID card while seeking protection from her estranged husband.
Brown, who had no prior criminal record that would prevent her from obtaining a FOID card, was found in possession of a single-shot .22 rifle for self-defense. The Illinois State Rifle Association reported that her estranged husband filed a complaint alleging she fired the rifle in her home, though police determined it had not been discharged.
In his ruling, Judge Webb stated that the requirement for a FOID card to defend oneself within one’s home violates the Second Amendment. He emphasized the importance of feeling safe in one’s home, asserting that self-defense should be honored and respected in that space. Additionally, Webb ruled the $10 fee for obtaining a FOID card unconstitutional, likening it to charging a fee for voting absentee at home.
State Senator Terri Bryant supported the ruling and has introduced legislation to repeal the FOID Card Act. The Illinois Attorney General is expected to appeal the decision, and the case is anticipated to be reviewed by the Illinois Supreme Court for the third time in eight years. The Illinois State Rifle Association will continue to represent Brown as the legal battle unfolds.
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