For the second time, a county judge in southern Illinois has ruled the state’s Firearm Owner Identification Card law unconstitutional, as applied to one state resident, Vivian Brown.
The ruling from Judge T. Scott Webb means the Illinois Supreme Court will, also for the second time, be in a position to decide whether to strike down the FOID card law as unconstitutional.
According to an Illinois Supreme Court rule, appeals in criminal cases “shall lie directly to the Supreme Court as a matter of right,” if the case involves a U.S. or Illinois statute being found “invalid.”
If the state decides to appeal this decision that found the FOID law unconstitutional, the appeal will be heard by Illinois Supreme Court just as the high court did in 2018 when the FOID card law was found unconstitutional by a different judge in this case.
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Judge finds firearm ownership card law invalid – as applied to one Illinois woman
Ruling returns the FOID card constitutionality issue to the Illinois Supreme Court
By SARAH MANSUR
Capitol News Illinois
SPRINGFIELD For the second time, a county judge in southern Illinois has ruled the state’s Firearm Owner Identification Card law unconstitutional, as applied to one state resident, Vivian Brown.
The ruling from Judge T. Scott Webb means the Illinois Supreme Court will, also for the second time, be in a position to decide whether to strike down the FOID card law as unconstitutional.
According to an Illinois Supreme Court rule, appeals in criminal cases “shall lie directly to the Supreme Court as a matter of right,” if the case involves a U.S. or Illinois statute being found “invalid.”
FOID law ruled unconstitutional
Sarah Mansur Capitol News Illinois
April 29, 2021
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SPRINGFIELD For the second time, a county judge in southern Illinois has ruled the state’s Firearm Owner Identification Card law unconstitutional, as applied to one state resident, Vivian Brown.
The ruling from Judge T. Scott Webb means the Illinois Supreme Court will, also for the second time, be in a position to decide whether to strike down the FOID card law as unconstitutional.
According to an Illinois Supreme Court rule, appeals in criminal cases “shall lie directly to the Supreme Court as a matter of right,” if the case involves a U.S. or Illinois statute being found “invalid.”
Illinois Judge Rules FOID Card Is Unconstitutional
Quite frankly, not a minute too soon.
I ve railed for years (not just me, but many people) about the Illinois FOID card, and the fact that by its very existence, you re paying to exercise a right guaranteed to you in the United States Constitution via the 2nd Amendment. You don t have to pay a fee to speak your mind because of the 1st Amendment, so why do you have to when exercising your 2nd Amendment rights?
Just for clarification, the FOID card is not a license to carry a concealed weapon (that would be a CCL, or Concealed Carry License). In Illinois, you have to go through state-mandated training before submitting your application for a CCL, which, if approved, gives you the legal right to carry your weapon.