Under current law, it’s not legal to touch a firearm in the state of
Illinois without a Firearm Owner’s Identification card. This is an
unnecessary hurdle to lawful gun ownership that the state of Illinois
has erected to make the process of purchasing and owning a firearm more
difficult and expensive.
And then there’s the fact that the Illinois State Police take months to process the applications for FOID cards and have been sued over the delays.
The FOID requirement is a clear violation of the right to keep and
bear arms for residents of the Land of Lincoln. No other civil right
requires a fee and state-issued permit in order to exercise it. Now an
Illinois judge has agreed with that viewpoint, at least as far as guns
owned and kept within the home are concerned.
Here’s the Second Amendment Foundation’s press release . . .
An Illinois Circuit Court Judge in White
County has ruled the requirement for possessing a Firearm Owner’s
Identification Card to possess a gun in the home is unconstitutional
under the Second Amendment.
The case is known as Illinois v. Vivian Claudine Brown.
Her case is supported by the Second Amendment Foundation and Illinois
State Rifle Association. According to Brown’s attorney, David Sigale of
Wheaton, Illinois, this is the second time a judge has declared the FOID
Card Act unconstitutional, dismissing the charges against Brown, who
had a bolt-action rifle in her home, but did not possess an FOID card.
“The FOID Card requirement in order to
exercise the constitutionally enumerated right to keep and bear arms
under the Second Amendment clearly goes too far in this case,” said SAF
founder and Executive Vice President Alan M. Gottlieb. As White County
Circuit Judge T. Scott Webb notes in his ruling, ‘It simply cannot be
the case that a citizen must pay a fee in order to exercise a core
individual Second Amendment right within their own home.’ For too long,
Illinois has been treating this right like a regulated government
privilege and that needs to stop.”
In his ruling, Judge Webb observed, “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.”
This second ruling on FOID card
constitutionality could clear a direct path back to the Illinois State
Supreme Court, Gottlieb and attorney Sigale agree.
“The idea that an Illinois resident
doesn’t enjoy Second Amendment rights until he or she pays a $10 fee for
a FOID card is outrageous,” Gottlieb said. “Nowhere should such a
mandate be allowed to stand.”
The Second Amendment Foundation (www.saf.org)
is the nation’s oldest and largest tax-exempt education, research,
publishing and legal action group focusing on the Constitutional right
and heritage to privately own and possess firearms. Founded in 1974, The
Foundation has grown to more than 700,000 members and supporters and
conducts many programs designed to better inform the public about the
consequences of gun control.