A federal judge in Illinois has ruled that the state law requiring citizens to have a Firearm Owner Identification (FOID) card to possess a firearm in the home for personal protection is unconstitutional.
In the ruling on the case State of Illinois v. Vivian Claudine Brown, supported by the Second Amendment Foundation (SAF) and the Illinois State Rifle Association (ISRA), White County Resident Circuit Judge T. Scott Webb wrote: “The Defendant’s possession of a .22 caliber rifle within the confines of her home, even without a valid FOID card falls squarely within the protections afforded her by the Second Amendment.”
The case revolves around defendant Vivian Claudine Brown and a rifle she owned. According to court papers, in March 2017, Brown’s husband called the police and said she was firing a gun inside their home. When officers arrived, they found a rifle beside the bed that Brown owned for self-defense but found no evidence it had been fired. Additionally, Brown denied firing the gun, and other occupants of the residence denied hearing any shots.
Shortly thereafter, the state attorney charged Brown with possession of a firearm without having an FOID card, a class A misdemeanor under Illinois state law.
In his ruling, Judge Webb expounded on how “asinine” it would have been had Brown been forced to use the rifle to defend herself and then face serious charges for doing so.
“If an intruder had entered Ms. Brown’s home and threatened violence towards her and, God forbid, she was forced to use that .22 rifle to defend herself, she would have committed a class A misdemeanor carrying with it a possible penalty of up to 364 days in the county jail,” Judge Webb wrote. “ She could claim self-defense, but that does not change the fact that she possessed a firearm without a valid FOID Card. Such an outcome is asinine, especially in this great nation that so cherishes the right to be secure and defend oneself within the home.”
After close consideration, Judge Webb wrote that all factors pointed to Brown’s owning the being her right under the Second Amendment.
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,” Judge Webb concluded. “Additionally, there are no historical analogs to the FOID Act as required in Bruen. Finally, 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.”
Alan Gottlieb, SAF founder and executive vice president, said the ruling was a noteworthy one that will likely end up in the Illinois Supreme Court.
“This is an important ruling in a case that has been up and down the Illinois judicial ladder a couple of times already,” Gottlieb said in a press release announcing the victory. “We expect the state to appeal again, which could put the case right back before the Illinois Supreme Court for the third time, and we are confident we will win. It’s hard to see how the Illinois Supreme Court avoids the constitutional issue, as they have done on the previous two visits.”
It ends with “shall not be infringed”. It doesn’t go on to say “, provided the government has given permission.”
While true that is not where we are at and there is much work to be done to get there.
I’m not sure you are correct.
With the current Supreme Court, if you can live long enough to get a case up before them, I think that interpretation of “shall not be infringed” would go through. The wording is just so direct, staring one in the face, that one has to be a political partisan to vote against. One is assured of 3 votes, but Barrett, Kavanagh, and Roberts always seem to me to be weak links in hewing to the straight path of Citizen’s Rights. The fewer cases that go through the Court, the fewer times Justices have to admit to themselves that the Constitution is a citizen’s liberties document( it’s also a States Rights doc). The more cases on Citizens Rights that come up, the more often the 3 weak justices have to face up to doing right. Gorsuch, Thomas, and Alito seem to be forced by their integrity and honesty to staunchly support Citizen’s Rights. Kavanaugh was whipped so badly during confirmation process that I think he was scarred by it. The calumny, the threats physical and other wise, the social pressure, the family pressures, seem to demand Justices that are strong, brave, staunch, and have integrity. I think the tough band of 3 are such people, but Kavanaugh is not a combat ready character.
Over the past 8 years I have lost faith that most women have that Combat character, social pressures and emotional weakness work more strongly on women than men. Women show the tendency that they have to be “nice”, rather than faithful to liberty principles that are integral to the constitution. Barrett has the tendency to fold I think, instead of being tough. Women will compromise principles more than men. At 77 I just have too much experience that women are Not often Joan of Arc, or Boudicca. they want too much to get along with their female friends, and these are evolution and genetic borne traits.
Roberts is a coward, he is not someone who is strong in the face of perceived public antagonism. He is not Gary Cooper in High Noon. To me anytime he upholds Citizen’s Rights that are not popular, is a miracle. He is no warrior. He is also prissy and a rules adherer. To be strong and keep to original principles is just too messy and iconoclastic for him.
The law and history are clear, but the justices are not picking up firearms cases as they should, they have been cowed by public opposition. They run scared, they are prone to believing that sticking to fundamental principles, may mean an executive, legislative and people’s revolt, and permanent damage to the power of the Court.
You have to practice your Rights, to stick by them, and feel comfortable upholding these Rights. Gun Ownership and use are very important in maintaining gun rights. Not enough people USE their firearms frequently enough, to feel that using tools as weapons is fundamental. Being attached to your tools, is like being attached to your dog, your wife, your Morgan +8. You see your relationshiop with them as fundamental rights not to be messed with by outsiders.
“With the current Supreme Court, if you can live long enough to get a case up before them, I think that interpretation of “shall not be infringed” would go through.”
Yeah, that strategy of “hope and pray” works EXCEPT when it doesn’t.
The Supreme Court HAS, does, will, and WILL AGAIN go against the Constitution. Or will just ignore the case and refuse to hear it.
And don’t get me started on the wishy-washy justices on the court. Especially the milquetoast chief justice Roberts, who famously “interpreted intent” in his support of Obamacare, which was neither affordable, nor health “care”.
Can’t wait for DOGE to start uncovering the fraud and abuse in THAT whole rats’ nest of legislation.
The court is better than it has been in years, but you’re STILL throwing yourself at the mercy of the court.
“It’s hard to see how the Illinois Supreme Court avoids the constitutional issue, as they have done on the previous two visits.”
Someone doesn’t know Illannoy very well-the land of supreme court justices bought and paid for by dick-tater Prickster.
the phrase “within the confines of the home” stands out
i thinknthey will rule that you can have a gun in your home without an FOID
how you get it there or go to the range without it I have no clue
You make it at home. Otherwise DADT. It is important to remember we only just started fighting back in earnest recently and there are a lot of unconstitutional Kafkaesque arguments to wade through. This is one of them which also applies in my state for pistols and more recently semi auto rifles needing a permit to buy (also possess or even touch for pistols).
So, anyone know if Mr. Brown was charged with filing a false police report, and if the rifle Mrs. Brown “had owned” was confiscated from her?
Also, in the intervening eight years has she disassociated herself from Mr. Brown?
Perhaps:
If Mr Brown wasn’t charged…………he should have been.
If the rifle was confiscated…………..it shouldn’t have been.
If she hasn’t disassociated………….she should have.
i am sure he still has red flag laws as a viable tool of harassment.
One major problem with red flag laws is that the first person to report, is the first person who gets their way.
That’s fine if the first person to report is legitimately in danger. But we don’t know that, and our idiot government employees are not experts trained in the art of sussing out the truth. Or they’re just plain incompetent anyhow, and no level of training will matter.
Osprey: The bulk of government employees simply don’t care; thus, they take the convenient way out when dealing with things.
Yep. They love their regulations, and they rely heavily on “zero tolerance”, because that would require that they exercise “judgment”, which they do not have.
I believe there is only two places on earth that have a firearm owners identification card, Illinois, and Cuba.
“I believe there is only two places on earth that have a firearm owners identification card“
Well, maybe three counting Switzerland:
“If you wish to carry a weapon in a public place, you must obtain a permit do so from the cantonal authorities. The permit is valid throughout Switzerland and you must have it on you at all times.
Your application to carry a weapon will only be granted if you can prove that you must carry a weapon, for example if you are a private security officer, in order to protect yourself, other people or objects from tangible danger. You must also pass an exam on how to use weapons and the legal requirements for doing so.
(These documents are not available in English)“
And Russia under ‘great leader’ Vladimir Putin:
“Buying a gun requires obtaining a licence from the police. Anyone starting from 18 years of age can obtain a shotgun or a self-defense weapons licence if he/she meets those criterias:
– not in file as a drug addict/alcoholic
– not in file as mentally ill
– no criminal record
– health certificate
– no certain misdemeanours comitted (such like misuse of firearms)
– that person passed an exam (on legal issues and firearm handling).
– good character report from the neighbourhood police inspector
– a steel gun safe. (very often they require it to be fixed to a wall)
The rifle license requires the same plus 5 years long owning of a hunting smoothbore licence“
Switzerland also has very strict immigration rules. A very large population of gun owners and very little violence.
Hmmmm…..
“Switzerland also has very strict immigration rules“
The number of people fleeing war and violence has increased across the world in recent years.
“Illegal immigration into Switzerland almost tripled in 2022
Copyright 2021 The Associated Press. All Rights Reserved
More than 52,000 cases of illegal migration were recorded from January to December, about 33,000 more than the previous year.
This content was published on January 19, 2023 – 13:22
Keystone-SDA/ac
Other languages: 5
EN original
Many migrants arrived illegally in Switzerland across the borders with Austria and Italy, the Federal Office of Customs and Border Protection said on Thursday. The increase was mainly due to the influx of migrants from Afghanistan and Morocco.“
This is why we should oppose countries like Russia invading their neighbors without cause, causing mass exodus of concerned civilians into adjacent countries.
I can’t get excited when two fascist nations go to war. It’s like watching the infighting amongst the proggie dems now here. Both sides are evil and wrong.
I mean the ‘diverse’ dems just elected another white boy, hogg, who is also the spawn of a federal agent.
Howze that for diversity?
Swiss women have been attacking Firerams ownership for a long time now
in small village person can shoot full auto AK’ for holiday festival
News Flash: Switzerland is not the United States.
The U.K. used to be the ‘darling’ of gun-controllers ‘example’ countries. They said “look, the U.K. has a gun ban and lookie at their rates and stuff.” – that is until it became known that ‘hey, its not really as you are framing’ and independent researchers starting pointing out the fallacy of the gun-controllers claims about the U.K. – and especially when U.K. went full tyrant publicly and used government force against defenseless people to oppress free speech. Even though all these years its actually been a hidden ‘feudal’ tyranny state that never went away but rather just ‘modernized’ as time went on and became more normalized and embedded and camouflaged into the fabric of their society and institutions with generations indoctrinated to accept.
Well, its not all roses in Switzerland either and sooner or later its going to get exposed publicly. There is a reason why every every country in Europe maintains a ‘population control’ doctrine in its military while overall disarming its citizens, its part of the ‘feudal tyranny’ foundations of those countries and it never went away.
No matter what Switzerland or any other country does, their laws does not make them right or a role model for the rest of the world.
Gun Control proponents might be surprised to learn that there is no freedom of speech in other countries, particularly AU, UK, CA, CH, and all the rest.
And no, Sweden does not have less violent crime. They all have dirty laundry to hide.
Golly what joy & rapture! ILL annoy may not bother with this “ruling’. I’ll care when The Dim Politburo is overthrown. Or is that gestapo?!?🙄
So, the State of Illinois was knowingly and intentionally violating citizens’ rights, so where is the punishment. The representatives who wrote the bill knew it would be unconstitutional. There should be criminal charges or nothing will change.
Since the FOID has been in effect for (I think) well over 50 years, most of them are dead and gone by now. But, Illannoy is still here, and should be liable.
“The representatives who wrote the bill knew it would be unconstitutional”.
This is true nationwide on every level, local, state and national.
The “representatives” know that it takes years to get a case to the Supreme Court if at all, and in the in between times, the authorities can ride roughshode over the Rights of the People.
I think that the only way to deal with this is by constitutional Amendment, and the doing away with both Qualified and Absolute Immunity by the state and it’s flunkies. Bureaucrats are primarily obstacles, and they revel in their petty and not so petty totalitarianism, no matter what the law is.
Bureaucrats need to be made accountable to the People, a reason that Trump was elected, to strike down the petty nasty tyrants at every level and every turn, who desperately need to control others to have any meaning in their lives. Your pain is their pleasure.
“I think that the only way to deal with this is by constitutional Amendment, and the doing away with both Qualified and Absolute Immunity by the state”
Not likely, the president has stated he wants to extend immunity for police officers:
“During a May 1, 2024 rally in Waukesha, Wisconsin, Trump said, “We’re going to give our police their power back, and we’re going to give them immunity from prosecution, so they’re not prosecuted for doing their job.”
Trump said something similar during a July 27, 2024 rally in St. Cloud, Minnesota: “We’re going to give immunity to police, so they can do their job. I’m giving federal immunity to police officers, so they can do their job.”
Sickos with an agenda Rooted in Racism and Genocide have never cared one iota about the US Constitution…just another attribute of Gun Control.
“Sickos with an agenda Rooted in Racism and Genocide”
Isn’t that the very language that Liberals use ad nauseaum to fight against Reason and Facts?
it’s language designed to make any argument or discussion useless.
LJ
It’s best not to ask for the wrath that is Debbie W.
intruders did enter home. the road pirates stole her gun and threatened her into the courts. cops are criminals.
The most well organized gang in America.
Her husband notified the police that his wife was engaging in very dangerous and illegal behaviour.
Why does that make cops criminals?
In the end it was the husband engaging in criminal behaviour and the party responsible.
I think your statement was totally misleading and distorting of the reality of the case.
Isn’t that a act of deception? It reads like it was written by the BLM or Anti-fa
Isn’t that -an- act of deception.
Once de poleece seed dayz be no holes shot up in de wall day shood a sayed ” You all been lieing” and left.
sure but, taxation is theft enforced by murder and kidnapping. The cops violated her rights based on a claim. They are literally gangsters.
Didn’t they steal her gun too? I mean you have to do real mental gymnastics to say cops are not criminals.
How exactly is the decision by a federal judge going to end up in a state supreme court?
Remanded back to State court based on a previous State court ruling maybe? The article didn’t state that but that’s what I’m guessing.
Hope it goes through. The FOID card is a blatant in your face infringement.
The FOID card, in its entirety, should be made null and void. And immediately so.
What’s up with that husband, sounds like she needs an upgrade.
Roger that.
SCOTUS and Court of Appeals Act on AR-15, Mag & Suppressor Bans.
The US Supreme Court relisted Snope v. Brown and Ocean State Tactical v. RI while the US Court of Appeals, Fifth Circuit, took an interesting step concerning suppressors. Mark Smith Four Boxes Diner discusses.
h ttps://www.youtube.com/watch?v=uG6eIpXbYP4
USAID Funded Gun Control With Your Tax Dollars.
h ttps://www.youtube.com/watch?v=BrSloSMAI7E
Dark Web of Taxpayer’s Money Funds Anti-Gun Organizations.
h ttps://www.ammoland.com/2025/02/dark-web-of-taxpayers-money-funds-anti-gun-organizations/
Another Dem Scandal: Dem LEAKS Indicate David Hogg Is Misusing Dem Resources For Himself… UH OH DAVEY.
h ttps://www.youtube.com/watch?v=crgv42n1LGE
Democrats Learn the Hard Way That David Hogg Is a Shameless Grifter.
h ttps://pjmedia.com/matt-margolis/2025/02/15/democrats-learn-the-hard-way-that-david-hogg-is-a-shameless-grifter-n4937020
David Hogg Took Just Days to Wear Out His Welcome at the DNC As He Makes It All About Himself.
“…Hogg’s already wearing out his welcome because he seems to be using his new position as a giant personal piggy bank:…
It’s been less than two weeks since conservatives cheered when the Democratic National Committee was dumb enough to elect David Hogg as the token white male vice chair. Well, we got the first laugh, and it looks like we’re going to get the last laugh because Hogg is already causing headaches for the Democratic National Committee, with insiders accusing him of exploiting his new role for personal gain.
Just two weeks into his tenure as a DNC vice chair, Hogg has been using the party’s contact lists to send out donation requests for his own political action committee, Leaders We Deserve PAC, which pays him over $100,000 a year, according to Federal Election Commission records.
‘David Hogg — talk about living up to your name. A trough of DNC dollars all for him and he doesn’t seem to give an oink,’ a top Democrat told The New York Post.
…”
h ttps://redstate.com/bobhoge/2025/02/15/david-hogg-took-just-days-to-wear-out-his-welcome-at-the-dnc-as-he-makes-it-all-about-himself-n2185636
“A trough of dollars” for Hogg. I like that wording!
David Hogg has proved to be a varmint, since he first pipsqueaked up, and lied about being a school shooting survivor.
It was the MSM media that created him, enabled him, endorsed him, gave him notoriety and power.
Harvard enrolled him on a 4 year free ride, on the basis of the media’s promotion of this clown (proving that Harvard should just stuff it’s degrees into Crackerjacks Boxes, and sell them to anyone for $160,000 a pop).
The DNC, Harvard, the MSM, every organization that promoted him, and gave him public exposure, showed they have no integrity, no honesty, no interest at all in Facts, Truth, Decency, or Character.
That he was a total fraud was stunningly obvious from his very 1st public statement.
Showing that every Liberal; University, Political party, NGO, every Liberal Op-ed, Current Affairs media outlet, News service, Charitable Organization, elected representative and elected public Executives are just corrupt scams, and scammers, whose flunktionaries are criminal defrauders of the public, and should be breaking rocks on the Chain Gang.
All of these are just make work means of distributing money stolen from the public to be given to the useless, incompetent, unemployable, worthless parasites who should be sleeping on the sidewalk in San Francisco, instead being feted on the productivity ot the creators and productive.
We don’t have a disappearing population problem , we have an overpopulation problem filled with drones whose gametes should have been aborted, discarded, before conception. We simply need fewer human parasites and grifters. David Hogg is their creation, one of them, and the very first person interviewing Hogg knew this, If we had honest media, he would have been nationally exposed with his 1st lying words, and would have wound up at best being a street sweeper, or making fries at Mickey D’s, and going to night school to train to be a barrista.
The corrupt recognize and subsidize the corrupt wannabes in training.
Our Universities should be getting no public funding, almost all our students should be getting no subsidy, especially if they are enrolled in Non-Stem subjects, our media should be getting no public funding, and most charities and NGOs should have their tax free status stripped off them, nor should their patrons be allowed to make tax free donations to producing and enabling more moochers.
Something went very wrong in the last 36 years of the 20th Century, and it started with LBJ’s Great Society Programs, and with the very 1st Affirmative Action recipients, it’s all been the creation of the “Liberal” Democrat Party. RINOs just went along for the ride.
“Harvard should just stuff it’s degrees into Crackerjacks Boxes, and sell them to anyone for $160,000 a pop.”
Hey, I could afford that! Then I’d change my handle here to “Dr. Osprey”, and make people like Miner call me “doctor”.
Would you care for a soda?
“Social deception” program funded by millions in taxpayer money goes to Reuters.
h ttps://www.youtube.com/watch?v=wQL7LyaSpvI
NEW TRUMP HOAX (by Dems lies, again) JUST DROPPED!!
h ttps://www.youtube.com/watch?v=a6YLvJSk5SQ
This is it Boys! This is WAR! Leftwing Activist Declares Civil War on MAGA and it is HILARIOUS.
h ttps://twitchy.com/chad-felix-greene/2025/02/15/this-is-it-boys-this-is-war-leftwing-activist-declares-civil-war-on-maga-and-it-is-hilarious-n2408384
SWAMP APOCALYPSE.
h ttps://www.coffeeandcovid.com/p/swamp-apocalypse-wednesday-february
It’s only 27 words long for a reason.
It will require the use of military force, in order to make the several current 21st century slave states, to comply with the Supreme Court Bruen decision.
They simply don’t believe in Liberty. And it was the “slave” husband who told the “master” about his wife having a gun. Harriet Tugman could probably cite many other examples in history.
I think only a handful of people in slave states are really ready for freedom. Most are comfortable slaves in the 21st century.