A striking blow for gun rights rang out Monday when Judge T. Scott Webb ruled that Illinois’ mandate that state residents possess a Firearm Owners Identification (FOID) card—even for self-defense in the home—was unconstitutional.

Vivian Claudine Brown was charged in 2017 for having a .22 rifle in her home without state permission.

The Second Amendment Foundation (SAF) and the Illinois State Rifle Association brought the case, State of Illinois v. Vivian Claudine Brown, to challenge needing government approval to defend yourself in your residence.

Webb was clear and concise in his 15-page decision favoring Second Amendment rights for law-abiding Illinois residents.

“If we compare [the right to keep and bear arms on one’s home] to the right to vote, requiring a voter to pay an administrative fee for absentee voting from their own home would be unthinkable,” Webb wrote. “There is no question that voting from home requires more administrative work. Yet, to require the payment of additional fees would disenfranchise voters, regardless of the amount of the fee.”

There are no fees associated with the Bill of Rights, and for good reason. It is a violation of the rights of U.S. citizens to erect such roadblocks to exercising free speech, freedom of religion—and the right to keep and bear arms.

The White County Resident Circuit Judge noted that if an intruder broke into the defendant’s home and threatened her with violence, she would have a legal decision to make.

If Brown were forced to use the rifle to protect herself, “she would have committed a class A misdemeanor carrying with it a possible penalty of up to 364 days in the county jail.”

Even the fact of acting in self-defense, the jurist declared, would not clear Brown of the charge of possessing a weapon without a valid FOID card.

This outcome, Webb correctly asserted, would be “asinine, especially in this great nation that so cherishes the right to be secure and defend oneself within the home.”

And Webb was not through.

The Illinois judge concluded, “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.”

Webb further noted that there are “no historical analogues to the FOID Act as required in Bruen.”

SAF founder and Executive Vice President Alan M. Gottlieb called the outcome “an important ruling” on an issue that has bounced around Illinois courts.

“We expect the state to appeal again, which could put the case right back before the Illinois Supreme Court for the third time, and we are confident we will win,” Gottlieb explained. “It’s hard to see how the Illinois Supreme Court avoids the constitutional issue, as they have done on the previous two visits.”

It has been noted but bears repeating that there is no historical precedent or justification for such a requirement as demanded by the high court’s Bruen decision. There certainly were no such laws in place during the Founding Era, rendering the Illinois mandate null and void.

Further, exactly how has the FOID card law affected crime in Illinois, particularly Chicago? 

The simple answer is that it has not. Violent criminals will not be bothered with registering to own a weapon any more than they allow themselves to be subjected to a background check.

Therefore, the weight of the requirement falls on the good people of Illinois. It is clear that the only reason for such a stipulation is to prevent people from exercising their constitutional right to keep and bear arms.

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