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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, Ill., 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.”


Posts: 19770 | Registered: November 07, 2008Reply With QuoteReport This Post
Peace through
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Subject line. No need for ALL CAPS
Posts: 98878 | Registered: January 20, 2000Reply With QuoteReport This Post
Eschew Obfuscation
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No doubt this will get appealed.

Time for a donation to the ISRA.

“Why is there so much effort being put into trying to find intelligent life on other planets, when there is a serious question about how much intelligent life there is here?” ― Thomas Sowell
Posts: 5758 | Location: Chicago, IL | Registered: December 17, 2007Reply With QuoteReport This Post
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This is a great win for the people that want to be free in the state of Illinois!

I can hear politicians heads explode now!


"When its time to shoot, shoot. Dont talk!"

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Posts: 7346 | Location: Attempting to keep the noise down around Midway Airport | Registered: February 14, 2008Reply With QuoteReport This Post
Big Stack
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Good. Let it go to the Supremes and become a national precident.

There's a case out of NY that's going to be heard by the Supremes this fall that if it goes our way, may have the same effect.

Originally posted by CoolRich59:
No doubt this will get appealed.

Time for a donation to the ISRA.
Posts: 20939 | Registered: November 05, 2003Reply With QuoteReport This Post
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