Chicago City Wire

For the third time a circuit court judge struck down a portion of the state law that requires the licensing of firearms (a FOID card) inside the home. The ruling by White County circuit court judge T. Scott Webb is a victory for Second Amendment advocates, and specifically for the Illinois State Rifle Association (ISRA) that represented the plaintiff in the eight-year court battle.

In the case, People of the State of Illinois vs. Vivian Claudine Brown, Judge Webb found that “after analyzing all the evidence in this matter, this Court finds that the Defendant’s activity of possessing a firearm within the confines of her home is an act protected by the Second Amendment. Additionally, there are no historical analogues to the FOID Act as required in Bruen.”

The judge further said in his ruling that “the Court finds that any fee associated with exercising the core fundamental Constitutional right of armed self-defense within the confines of one’s home violates the Second Amendment.”

In a statement released after the ruling, Richard Pearson, Ex. Director of ISRA, said that the case originated in 2017 when Vivian Brown became fearful of her husband, and she came into possession of a .22 rifle for self-protection. The husband notified police that Brown fired the rifle in the home. Police responded and determined that the gun had not been fired but the State’s Attorney charged her Brown for not possessing a FOID card. 

Pearson called out Illinois Gov. J.B. Pritzker, a Democrat, after Judge Webb's ruling for his recent signing of legislation purported to protect domestic violence victims.

“It is the height of hypocrisy for Governor Pritzker to sign legislation today claiming to protect potential domestic violence victims, while at the same time the FOID card act is being used to disarm those same potential victims,” Pearson said in a statement.

In addition, Judge Webb ruled that $10 administrative fee paid by gun owners was unconstitutional.

“The State claims they need to charge $10 as an administrative fee. The ISRA agrees with Judge Webb that the right to self-defense is just as important as the right to vote,” Pearson said. “Could you imagine if voters had to pay a $10 fee in order to vote by mail? Illinois Democrats would be up in arms about disenfranchising voters but have no problem doing the same thing to firearms owners.”

Pearson noted that the Brown case “has bounced around Illinois’ judicial system for years.”

In 2020, the Illinois Supreme Court majority opinion didn’t make a decision on the constitutionality of the law in Brown’s case, but instead cited a court rule calling into question the process the circuit court used.

In 2022, the Illinois Supreme Court again sent the case back, ordering a modified circuit court order that was originally entered in 2020.