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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.”
“This Court cannot reasonably construe the FOID Card Act in a
manner that would preserve its validity,” Webb said. “In
addition, the finding of unconstitutionality is necessary to
this Court’s decision, and it cannot rest its decision upon an
alternative ground.” |
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