State Supreme Court Mulls White County Case

A very interesting case went before the Illinois Supreme Court this week which could have an impact on the issuance of Firearm Owners Identification Cards in the state. The case is out of White County and challenges the state’s mandatory purchase of FOID cards for gun-owners.

The high court heard arguments involving Carmi’s Vivian Brown, described in the court records as disabled. She came under police scrutiny after her estranged husband claimed she had fired a shot at him. Police could not find evidence of that but did search her home finding a .22 caliber rifle. She was charged for not having a FOID card.  

Tuesday, her lawyer told justices Brown does not suffer mental illness, is not an illegal alien, or a drug user….in other words….none of the issues that would disqualify her from owning a gun. Why can’t she have a rifle on her property for protection as provided in the second amendment? She argues she should not be forced into buying a FOID card under these circumstances….and a circuit court judge agreed with her. The case skipped the appellate court and landed with the Supremes.

Her attorney says she is not challenging the need for a FOID card for buying or selling a gun…or for carrying it. Brown believes she had the right to have a gun in her house--for protection--- without owning a FOID card. And of course, I agree.

In this case, the state criminalized Vivian Brown’s constitutional right to protect herself.

The outcome of this case could be significant.