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* Press release from the Illinois State Rifle Association…
Today the 2nd Judicial Circuit Court has, for the third time, struck down the requirement of having a FOID Card in the home as unconstitutional in the case of People of the State of Illinois vs. Vivian Claudine Brown. The ISRA legal team is representing Ms. Brown in this nearly eight-year-long battle to recognize her rights.
In 2017, Vivian Brown became fearful of her husband and separated from him. During that time, she was in possession of a single shot .22 rifle for her protection. The estranged husband filed a complaint against Ms. Brown alleging she fired the rifle in the home. Police responded and found the rifle had not been fired, but the State’s Attorney charged Vivian with possessing a firearm without a FOID card.
“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.” – Richard Pearson, ISRA Executive Director said today in response to this ruling and other legislation being acted on in Illinois.
The FOID card is a requirement to obtain a permit to exercise 2nd Amendment rights in the home, and today Judge Webb found that to be unconstitutional again. Additionally, the requirement to pay a fee to utilize that same right was also found unconstitutional as part of this ruling.
“The State claims they need to charge $10 as an administrative fee. The ISRA agrees with Judge Webb that the right to self defense is just as important as the right to vote. 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.” – Richard Pearson.
The Illinois State Rifle Association is proud to continue supporting Ms. Brown in this case and once again, ISRA attorneys have won this case. This case will be heard by the Illinois Supreme Court for the third time in 8 years and the Illinois State Rifle Association will continue to be by Vivian’s side as we continue to fight for Second Amendment Rights in Illinois. To learn more about the ISRA, including information on membership and donating to the legal assistance committee which funds cases like this, please visit www.isra.org.
I mean, if we want to talk about fees, the right to petition the government for redress of grievances is in the First Amendment, and pretty much every government charges lobbyists fees - sometimes enormous fees well above and beyond what it costs to maintain their databases.
* Anyway, this case has had a bizarre history. From a 2022 Illinois Supreme Court ruling…
In People v. Brown, 2020 IL 124100, this court vacated the judgment of the circuit court of White County and remanded the cause with directions to enter a specific order. On remand, however, the circuit court concluded it would not be in the “best interests of justice” to follow this court’s directions and entered a different order. Because the circuit court had no authority to set aside the directions of this court and enter a different order, we must again vacate and remand.
The new order is here.
posted by Rich Miller
Monday, Feb 10, 25 @ 1:09 pm
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== the right to self defense ==
I’m sick to death of the gun rights groups making this ridiculous argument every time there is a gun issue. This has zero to do with self defense and everything to do with a bunch of extremists who think you should be able to possess whatever firearm you want. The self defense argument is an absolute joke.
Comment by Demoralized Monday, Feb 10, 25 @ 1:15 pm
from the article: Could you imagine if voters had to pay a $10 fee in order to vote by mail?
Yet, Republicans have no issue requiring a very limited number of valid IDs to vote, all of which have a cost in getting or getting the right document to acquire.
It’s a bogus argument.
Comment by IllinoisCitizen Monday, Feb 10, 25 @ 1:15 pm
Voter IDs (that cost money) and lobbying fees should also be unconstitutional.
Comment by Garfield Ridge Guy Monday, Feb 10, 25 @ 1:21 pm
It is the constitution, and I am glad they protected it in the ruling. To me it is case that local State’s Attorney wanted to get something done but nor looking at all the parameters. I am sure a gun is the answer to the original situation but still we have to be consistent.
Comment by clec dcn Monday, Feb 10, 25 @ 1:22 pm
==should also be unconstitutional==
Thanks genius. Why?
Comment by Demoralized Monday, Feb 10, 25 @ 1:23 pm
I meant to say a gun is not the answer to the original issue above I have to type better.
Comment by clec dcn Monday, Feb 10, 25 @ 1:23 pm
=== the right to self defense is just as important as the right to vote ===
Republicans advocate for Voter ID.
=== Could you imagine if voters had to pay a $10 fee in order to vote ===
Drivers licenses require fees.
We do not let people drive until they have an accident, and then require licensing and insurance. Rather, we require licensing and insurance first, before allowing people to drive.
Same thing.
Comment by H-W Monday, Feb 10, 25 @ 1:26 pm
THIS is why limiting constitutional challenges to Sangamon & Cook counties is prudent.
Comment by Anyone Remember Monday, Feb 10, 25 @ 1:39 pm
- Demoralized - Monday, Feb 10, 25 @ 1:15 pm:
== the right to self defense ==
I’m sick to death of the gun rights groups making this ridiculous argument every time there is a gun issue. This has zero to do with self defense and everything to do with a bunch of extremists who think you should be able to possess whatever firearm you want. The self defense argument is an absolute joke.
unless of course you need it for self defense as a homeowner did on 11 10 24 against a home invader in Champaign.
Comment by green mountain boys Monday, Feb 10, 25 @ 1:41 pm
Yeah this is ridiculous. It’s the third time to go back up to the Illinois Supreme Court. What ever happened to finality of judgments?
Comment by Three Dimensional Checkers Monday, Feb 10, 25 @ 1:43 pm
First
So in this case, a man accused a woman of firing a weapon in her home. The police found she had not fired a weapon in her home.
Let’s just start there. Did the State’s Attorney address the false report?
Second, the woman had a weapon in her home. The woman did not have a FOID card.
Was the weapon confiscated, or did the sheriff allow the woman to continue possession of the weapon contrary to state law?
Third. Where is Tom DeVore when you need him?
Comment by H-W Monday, Feb 10, 25 @ 1:45 pm
=== unless of course you need it for self defense as a homeowner did on 11 10 24 against a home invader in Champaign. ===
I see you a few examples of valid self-defense shootings with a multitude of kids and adults slaughtered by guns. (Is that why the MAGA GOP didn’t want research by public health agencies.)
Or for that matter, I find it absurd to say that getting a FOID card is a horrible burden. But we have a sick, sick society now that seems to care more about saying the word diversity than saving the lives of kids.
Comment by Norseman Monday, Feb 10, 25 @ 2:14 pm
==unless of course you need it for self defense==
lol. I don’t think $10 and a FOID card is going to keep you from doing that.
Comment by Demoralized Monday, Feb 10, 25 @ 3:08 pm
So the ISRA issued a press release praising a judge for issuing an order based on ideology instead of following a lawful directive from the state Supreme Court? I thought these groups disdained judicial activism? The Supreme Court has been clear that the issue of constitutionality is not at issue due to the original order’s reliance on statutory interpretation. This is twice now that the circuit court judge has refused to enter the order. Does the judiciary in the Second Circuit just not understand jurisprudence, or are they so ardent in using their seat on the bench to advance their activism that they will blatantly disregard a clear order? Or do they think they have already been annexed into Indiana so the orders from Illinois are irrelevant (although if that were true, they probably shouldn’t be issuing orders in Illinois statutes…quire the conundrum). Regardless, it appears it is time for the Judicial Inquiry Board to step in.
It also seems worth noting that this is the same circuit where a judge was shot and killed by his wife in their driveway back in November.
Comment by Anon324 Monday, Feb 10, 25 @ 3:22 pm
=== Could you imagine if voters had to pay a $10 fee in order to vote ===
It was called a “poll tax”. Federal poll taxes were outlawed by the 24th amendment that was enacted in 1964. Local and State poll taxes were declared unconstitutional with the SCOTUS ruling “Harper v. Virginia State Board of Elections”.
Comment by Huh? Monday, Feb 10, 25 @ 3:45 pm
= the circuit court concluded it would not be in the “best interests of justice” to follow this court’s directions =
We’re likely to see a lot more of this, as the current administration in Washington seems also to think that court opinions can be ignored.
Comment by JoanP Monday, Feb 10, 25 @ 3:45 pm
Where to begin unpacking all of this. . .
First off Illinois Supreme court found a once in a potential life time $10 fee on and marriage license as tax that went to far.
==Demoralized doesn’t matter how sick or tired you are about this. We are not going to stop until we have tossed the FOID on the ash heap of history. Along with the Illinois gun ban, mag ban, parts ban, “ghost” gun ban, suppressor ban for starters.
We’ve got the new karina’s law in our sights along with the clear and present danger clause in the FOID and a whole host of due process issues when it comes to those things as well as carry licenses.
We’ve won on the 18, 19,20 year olds being able to carry, posses and buy handguns. The handgun roster in Cali, one gun a month is toast there as well.
We’re not letting up. And with the WLP crew gone from NRA, there should be a lot more money for litigation. Remember, when we win, your tax dollars will be paying our legal fees and as such sending our lawyers grandkids to law school.
Now if Pam Bondi would just sue Illinois like they did the southern states — but this time over 2A issues.
The Supreme Court never addressed the Constitutional issue in the case so it’s still out there, I see a lot of people praising judges for encroaching on the executive orders, so cheering this in isn’t really any different. We all like opinions that rule in our favor. You activist judge is our originalist.
Comment by Todd Monday, Feb 10, 25 @ 3:58 pm
“Or for that matter, I find it absurd to say that getting a FOID card is a horrible burden.”
Apparently, you’ve never had the privilege of having to call the ISP’s 1-800 number to get a question answered about a FOID application. After calling the “help line” number two dozen times and never once speaking to a staffer over the span of a month, I finally had to get my state rep involved in order to move the paperwork along.
That is a completely ludicrous series of steps for a person to go through to exercise an enumerated constitutional right.
Comment by sulla Monday, Feb 10, 25 @ 4:10 pm
>>>>THIS is why limiting constitutional challenges to Sangamon & Cook counties is prudent.
This is a criminal case. Ms. Brown is being prosecuted. Her defense can proceed whereever needed.
Comment by We've never had one before Monday, Feb 10, 25 @ 4:18 pm
==We are not going to stop==
I know you’re not. That’s why you are disgusting. Anybody that isn’t for regulations on mag sizes is a cheerleader for mass shooters. And being against ghost gun bans? Please.
What exactly do you favor Todd? Because from what I can see your manhood seems to be threatened every time someone wants to do anything with a lick of common sense.
You know, my spouse is from New Zealand. You know what they did after a mass shooting? They took everyone’s guns away except for their hunting rifles. That’s what responsible societies do. But not here. You guys want oozies on the street.
You’re pathetic.
Comment by Demoralized Monday, Feb 10, 25 @ 5:28 pm
Uzi
Comment by Big Tom Monday, Feb 10, 25 @ 6:31 pm
Yea not supporting any mag bans any time soon. As far as the home guns issue i.e. “ghost” guns we’ve long had a history and tradition in the country of making guns. Most firearms at the revolution where 1. made by local smiths or small companies 2. imported. its where we get the term lock, stock and barrel.
I actually did a video on right to repair.
And see there you go, none of you gun grabbers can help your self with the comments about “manhood” Thats the thing you lead off with. . .
None of it has an once of common sense. it’s all about placing control on law abiding people to fit their projections about your/others lack of self control and fear that someone can say no and back it up. No to rape, muggings, burglars, carjackers.
But you would rather see an outline of a woman’s body with her pantyhose knotted around her neck than her standing over a dead “rapist”.
What am I for? ATF being a convivence store with the deminimus regulation over firearms licensees.
regulations on destructive devices.
Brandon Herrea for ATF director
Cash and carry — DOJ has 12 hours to complete the background check. if not default approval. No waiting period, no FOID state ID or passport (see, I’m consistent with my thoughts on voter ID).
suppressors taken out of the NFA and unregulated, they’re not a firearm.
SBRs taken out of the NFA
use a firearm in a crime and claim a mental health issue, you’re gonna be in the hospital longer than John Hinckley.
taking the money spent on Illegals in this state for mental health work and support.
Minors using firearms criminally get treated as adults.
repeat felons who use guns 20-life
That enough for you?
Comment by Todd Monday, Feb 10, 25 @ 7:31 pm