Even though the Supreme Court left open the option of regulation to combat the dangers of gun violence in Heller, it is this Court’s opinion that the FOID Card Act goes too far. The Act makes criminals out of law-abiding citizens who are attempting to protect their lives within their homes.
After analyzing all the evidence in this matter, this Court finds that FOID Card Act is NOT substantially related to an important government interest as applied to the Defendant in this case. In addition, the Court finds that any fee associated with the exercising the core fundamental Constitutional right of armed self-defense with the confines of one’s home violates the Second Amendment.
T. Scott Webb
White County Resident Circuit Judge
April 26, 2021
People of the State of Illinois v. Vivian Claudine Brown
[This case started on March 18, 2017. It has taken over four years for this case to get this far. It went to the state Supreme Court once already and may will go back up again. Why aren’t these delays considered unconstitutional?
See also Illinois Circuit Judge T. Scott Webb ruled against Illinois’ Firearm Owners Identification (FOID) card requirement on Tuesday and ILL. JUDGE RULES FOID CARD REQUIREMENT UNCONSTITUTIONAL FOR GUNS IN HOME.—Joe]