Small Victory

A bunch of comments and almost zero media coverage of a court case that purportedly declares the FOIA unconstitutional. As far as we can tell, this finding - the second or third such finding by this particular court - isn't quite as straightforward as it seems. The Court said that you don't need an FOID card in order to possess a firearm within your home.

The Court did however, find the attached fee completely unconstitutional:

• A White County Illinois judge has found the state’s Firearms Owner’s ID card unconstitutional when enforced against someone possessing their firearms in their home.

  The case Illinois vs. Vivian Brown stems from a 2017 case where Brown separated from her husband. She possessed a single-shot .22 rifle in her home. Her husband filed a complaint against her alleging she fired the rifle inside the home. Police found the rifle had not been fired, but the state’s attorney charged her with possessing a firearm without a FOID card.

  “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,” wrote White County Resident Circuit Judge T. Scott Webb. “Additionally, there are no historical analogues to the FOID Act as required in Bruen.”

  The judge further said in his ruling Monday, “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.”

As the court cases slowly erode the foundation of the FOID Act, the entire thing should eventually be found unconstitutional and Illinois could rejoin America as founded.