Small Victory
A bunch of comments and almost zero media coverage of a court case that purportedly declares the FOID 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.
Labels: gun issues
posted by SCC at 12:05 AM
81 Comments:
When that shit FOID came out in the 70's ...I said it was illegal, poll tax.
As a police officer and assuming a citizen of Chicago you’re all good with gang members having guns? 2A is so important to you as written in the constitution that you’re fine with gang members traversing the city and suburbs with guns to do as they will? Nah. I live here still and am raising my kid here. Not everyone should have a gun. This isn’t 1776 anymore… it’s 2025 with extremely violent gangs who love to terrorize neighborhoods.
I'd be interested to know the judge's reasoning why this should only apply to firearms possessed in the home. Do people only have the right to defend themselves in their own home, when literally everywhere else is a more likely place to need to defend yourself? Does the 2nd amendment not say "to keep and bear arms?" The judge only thinks the "keep" part applies?
Next up needs to be the IROC law in Killinois where a retired police officer is required to qualify every year at $75 especially when citizen conceal carry is every 5yrs
Finally, some sense.
The state should return all the money they illegally charged us.
It's just another form of a tax. A way to squeeze more $$$ out of people.
Kinda like the old days of Injuns on the frontier.........
An IROC permit is good across the country, unlike an Illinois CCL.
Just don't bother, it really means nothing the yearly qual. If you gotta shoot, you gotta scoot...lol
igotsyo foid swinging, asshole
It would be interesting to see how other states handle IROC.
The Cook County States Attoeney and almost all judges have no problem with people having guns. Cases are thrown out by the thousands and when not all the defendant gets is a slap on the wrist if that. Gun laws are not enforced.
Hey dipshit, the gang members already have guns! The point here is that the foid card is a violation of the Constitution as it's ultimately a tax for allowing you to exercise your rights.
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.
He found it asinine...
Just many of the unjust fees in this shithole state...
Somebody poisoned your water hole. Go ahead, give up your gun first.
So does this mean everyone that got charged with No FOID the charge is dropped?
I think that court had already adjudicated this case once, before Bruen. Maybe sent back by higher court for reconsideration. I think Bruen solidified the court's original opinion.
Nothing will happen to FOID until it gets adjudicated in federal court. Illinois courts are a joke.
Hopefully President Trump comes after fat ass & shithole Illinois to stop the FOID bullshit along with fees to conceal carry. FJB
Your an fool. Gang bangers, shitheads always will have a weapon....2A just makes it legal for you or a neighbor to save you.
Go troll somewhere else commie.
Upon turning in my costume jewelry at HQ I was asked if I wanted to apply for an IROC at which time a laughed and informed her that I was moving to a red state and refused to be an Illinois slave any longer.
And 3 years after the state approved a law for county corrections officers to qualify under irroc…. The web site says if you are a county correction officer, we are not accepting applications
Our justice system dysfunctional. People are afraid. The police no longer can be counted on to protect the public, hence people, whose total firearms training comes from Hollywood, seek a sense of safety by carrying a pistol. As others will soon point out, criminals are not affected by laws. They don’t care if they get pinched, because nothing happens to them. The solution to the problem is not more under trained people with firearms, but a system that supports the police and punishes those who violate the laws. We need to bring back “use a gun, go to prison laws” and re-establish operation exile, where the feds prosecute felons found with a gun, giving them long terms in prisons far away. Trump might do this, but what not going to happen is the City of Chicago supporting its police department. The people of Chicago have a very high tolerance for crime and prefer crime victimization over holding certain groups responsible for their actions. If I was you I’d move.
If a hoodrat commits a crime with a firearm, that should be an aggravating factor and if found guilty they should be sentenced accordingly.
Gang members don't obey the laws, how many gangbangers have Foid cards and CCL's ?
I don't think the judge said anything about exclusively in the home.
However, Brown is accused of not having a FOID in the home, and the judge said it's not needed there.
Relax there sweet pea. That’s not what this says. Also, i dont know if you’ve caught on yet, all the gun laws we have in place, haven’t stopped gang members from traversing the city with guns. Still illegal for felons to possess guns, yet they will. Still illegal to murder without legal justification, yet they will. Relax big guy, you’re not the first person to raise a kid in chicago.
May not be that simple. IROCC is basically a Federal law passed down to the states. It is administered by the states under limited control.
In the early 1980s Police officers were not required to have FOID cards. For some reason the Department decided that they wanted everyone to have. It was pointed out to the Department that under the new First Issue clause of the contract the City would have to pay the $5 five year fee.
End of requirement.
One still needs the FOID to purchase the firearm that theoretically you are possessing and using in self-defense whilst inside your home, so basically a very, very small baby step.
I'm sorry to have to be the one to break this shocking news to you, and I hope you're sitting down: gang members carry guns already, because for some weird reason, they don't give a fuck if it's illegal. Also, some gang members get FOIDs and CCLs, so they can legally carry. Why do you liberals not understand that gun laws don't stop gun crime, especially in places like Chicago, where criminals who use guns aren't properly punished or held accountable at all? There are a bunch of laws that make it illegal to do all the crimes that gang members do, yet you're afraid of them terrorizing your neighborhood. How can that be? If it's illegal for them to terrorize neighborhoods, how and why do they do it? Did no one tell them of the laws they're breaking? Did no one tell them they need an FOID to rob and shoot people? You're braindead, like all liberals.
IROC is a Camaro. IROCC isn't a concern if you move out of Illinois like you're supposed to.
That would be a good thing. That being said the reason the yearly fee is so high is that the IROCC fee is so high is that it is run and supported solely by the $75 fee. The state and legislators didn’t both to enact any state funding when it was enacted
I wonder if the ruling would have been any different if it was a .45 auto with a legal silencer on it instead of a .22.
FOID AND CCL completely unconstitutional. They are infringments.
Felins cannot have guns. Illegally using firearms in commision of a crime is illegal. The gangs carry and use guns anyway?? No matter what the laws are because they are criminals.
Both are nit needed because owing and carrying weapons, nit just firearms is a RIGHT.
"This isn’t 1776 anymore… it’s 2025 with extremely violent gangs who love to terrorize neighborhoods."
Which is exactly why the Second Amendment is so important; criminals are going to do what they do regardless of what laws are in place. It's the citizenry that need the protection from the government that the Bill of Rights provides. Its intent wasn't to tell the People what they're allowed to do, it's a list of things government is prohibited from doing.
Yes. Bangers will carry guns foid or not. Law abiding citizens are the only ones punished when stopped by police. Fuck the foid.
Are you a dope? They have guns already with no FOID or CCL...
igotsyo foid swinging. document the gang membuhs
How do I get my refund?
Never forget, this was brought to you by the Illinois Republican Party. The same assholes that got rid of over a third of the Illinois House and Senate districts giving a red state to the Democrats. James Pate Philips, Jim Edgar, James Thompson, William Cellini and others.
They wabt you to forget about this.
Other States don’t have it use it or recognize it. Just another leftist UnConstitutional Cash Cow. I want all my money back for years, pluse interest, and damages. Every penny.
False, the good people outnumber the bad people, watch Death Wish and all it takes is another Paul Kersey to wipe the human scum off the earth.
IROCC should be free for all retired officers with 20or more years of service, and all needed to qualify should be firing 3 rounds successfully at 3 feet ,3 rounds @ 6 feet, 3 rounds, 9 feet, and 3 rounds, 12 feet. Anything else is impractical. . Officers should be allowed to go to ANY public range or police department and qualify, with a card signed by a certified Rangemaster and sent in via postage paid envelope returnable to IROCC . Make it renewable every2 years.
$100 for semi auto & revolver, plus a box of factory ammo for both, $ 50+, travel time to and from range, eye and ear protection, and cases or bags for the firearms that can’t be carried in to qualify. Total expenses about $200-$250 for a one day trip to qualify. Trumps DOGE needs to look into this. Retired Officers should be treated much better after all they’ve been thru.
In OK, Castle doctrine applies, "Wherever one has a lawful right to be."
At home, at work, in your car, at the park, at the grocery store...
IROCC is the local administrative part of HR-218 which is federal law which allows concealed carry across the nation for those qualified per statute. From my understanding the state does not fund IROCC and the fees are used to run the program.
good call
Idiot^
You’re an Idiot!! Criminals don’t follow any laws moron it makes zero difference and only restricts law abiding citizens
Court costs and fines should be levied against politicians who propose, advocate for, pass, these laws that violate Illinois citizens 2nd amendment rights. Better yet, prison terms for those guilty parties.
Alfonso Bedoya "Gold Hat"...says...
“FOID, to god-damned hell with FOIDs!
We have no FOID. In fact, we don’t need FOID.
I don’t have to show you any stinking FOID, you god-damned cabron and ching’ tu madre!”
“Badges? We ain’t got no badges! We don’t need no badges!
I don’t have to show you any stinking badges!”
Gang bangers don't go to gun stores / FFL's and fill out a 4473. They buy them out of the trunk of a car or steal them off a railcar in south chicago. They get the guns no matter what laws or restrictions are on the books, because, that's what a criminal does. All these draconian restrictions and laws are just a money grab, and they serve only to keep guns out of the hands of law abiding citizens.
Perhaps I can give you a no guns here sign ?
2nd Amendment forever!
Own a musket for home defense, since that's what the founding fathers intended. Four ruffians break into my house. "What the devil?" As I grab my powdered wig and Kentucky rifle.
Blow a golf ball sized hole through the first man, he's dead on the spot. Draw my pistol on the second man, miss him entirely because it's smoothbore and nails the neighbors dog.
I have to resort to the cannon mounted at the top of the stairs loaded with grape shot, "Tally ho lads" the grape shot shreds two men in the blast, the sound and extra shrapnel set off car alarms. Fix bayonet and charge the last terrified rapscallion.
He Bleeds out waiting on the police to arrive since triangular bayonet wounds are impossible to stitch up. Just as the founding fathers intended.
OR...would my AKM, AR, or Glock be better ?
Actually I am not scared. I would rather have freedom over any violation of Our Constitutional Rights.
news for you, gang members and criminals don't get FOID cards, they buy guns on the street illegally. Its faster cheaper and no record of purchase.
convicts should not be able to be armed or vote.
Exactly.
You have to qualify every year in every state for HR218. I had to in Tennessee and now for the past 5 years in Florida. It's a Federal bill
IL Democrats will fight this fot eternity. Any fee they can throw at taxpayers is golden and do anything to curtail 2nd Amendment rights.
Imagine life without Leftists!
Serious question. Do other states charge the same as Illinois or does each state set the requalification fee?
Kwami is bitching that he has no $ to fight Trump. He does have money to take away our 2A rights
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.
Fat chance with Fatass as governor.
All this done in an Illinois Circuit Court 1 of 25 in the State IL. So this will be like telling All The ILLINOIS Cat Ladies their Rabid Feral Cats will have to be removed & dispatched for the Public Good. The IL Appellate & IL Supreme will ignore the US Constitution Again and Let The Cat Ladies Decades of Tyranny & Mental Illness rule the State. Now Get off the lawn.
Well I don't know how you figure everyone is fine with gang members having guns. I guess you assume everyone would just mosey down to the local gun store and buy a gun. Well au contraire. Even in the least restrictive state you need to be 21 for a handgun , fill out a federal background check ATF Form 4473. But right now a gang member doesn't go through that They just buy them off the street. All the extra laws we have in Illinois does nothing to keep these mutts from buying guns illegally. Think of it like illegal drugs. I don't know where to buy them, you probably don't either. But they know!
All RINOS
Most of you sheep on this blog , just don't get it
All these so called gun laws in the USA were made to disarm us all, starting with law abiding citizens and then the criminals. The powers to be want to disarm us just like the other countries of the world have and now their top leaders of each individual country have total control over there mostly disarmed citizens. Wake up sheep. I've been in CPD for over 20 yrs, and yes I'll be damned if anybody takes my firearms away (FROM MY DEAD COLD FINGERS) FUCK THESE ANTI 2ND AMENDMENT POLITICOS.
Lmao, I bet you’re one of those cops that arrest law abiding citizens who are CCL holders from other states huh? Second amendment is very clear “shall not indigne”! Criminals and gangbangers already have guns.
Any active duty officers/readers out there stop any retired officers in Illinois? And furthermore has any police inside of Illinois ever charged any retired police officers with the carry of a weapon and no valid FOID or IROC? I would love to read the case?
I ask, if you Read the Federal Retired police officer carry law. It’s up to the state to enforce? But if you read the Illinois retired officer carry law there is no violation or penalty attached to Illinois IROC? NONE?
As for FOID as a retired officer. A retired officer is not required to remain a Citizen of Illinois? Therefore if Officer resides outside of Illinois and travels into and out of Illinois does he need any FOID?
Yes we are back to residency! And as we all remember Rham Emmanuel was a resident living in Washington DC but kept his residency in Illinois even if he did not have a residence to live in? FOID is for residents, So is IROC? So its your word, vs the State where you reside?
Wonderful waste of time and money made by the great state of Illinois?
I know all of this since I retired and travel to states outside of Illinois……
Both states have no State law regarding retired officers needing to qualify each Year? And I have been stopped in Illinois for traffic? Then taken for a ride to local law enforcement building where every supervisor asked one simple question? What law have I violated? Federal law says I must carry my retired documents? Anywhere in USA while carrying my sidearm? When they get to location inside of Illinois I calmly State I am no longer a resident of Illinois?
So let me know when the Federal law does not outweigh the state law?
I would love to be charged with violation of a law that has no penalty so We all can file a restraining order violating the Federal law for retired officers?
If you doubt me go read the Federal law and State law?
For you who do not recall? This is how Chicago lost its Gun Registration?
When a downstate license private investigator traveled into Chicago and was arrested for having state license sidearm. That was not registered in Chicago. It caused City to remove all gun registrations within Chicago?
Love to see FOID be charged on a retired Officer who no longer resides in Illinois? Most cases of Retired officers in Illinois are dismissed immediately? Why? No penalty?
You could inherit a firearm from a family member.
So what are the pros and cons between CCL and IROCC?
Generally, CCL is more restrictive. If you qualify for IROCC, don't get a CCL, or you're legally bound by CCL restrictions.
So, does this mean I can shred my FOID/CCL along with the credit card applications I get in the mail?
2A good nationwide. IROC not needed.
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