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Monday, March 31, 2025

Illinois court rules FOID card requirement unconstitutional again

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Richard A. Pearson, Executive Director | ISRA website

Richard A. Pearson, Executive Director | ISRA website

Today, the 2nd Judicial Circuit Court ruled against the requirement of possessing a FOID card at home, declaring it unconstitutional in the case of People of the State of Illinois vs. Vivian Claudine Brown. The Illinois State Rifle Association (ISRA) has been representing Ms. Brown in this legal battle for nearly eight years.

The case dates back to 2017 when Vivian Brown separated from her husband and kept a single-shot .22 rifle for protection. Her estranged husband filed a complaint, alleging she fired the weapon in their home. Police found no evidence of gunfire, yet the State's Attorney charged her with possessing a firearm without a FOID card.

Richard Pearson, ISRA Executive Director, criticized Governor Pritzker's recent legislation aimed at protecting domestic violence victims while enforcing the FOID card act. “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,” he stated.

Judge Webb's ruling also found unconstitutional the requirement to pay a fee to exercise Second Amendment rights at home. Pearson compared this fee to voting charges: “The State claims they need to charge $10 as an administrative fee... 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.”

The ISRA continues its support for Ms. Brown as this case proceeds to the Illinois Supreme Court for a third time. They remain committed to advocating for Second Amendment rights in Illinois.

For more information on ISRA membership or donations towards legal assistance efforts, visit www.isra.org.

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