Illinois 5th Circuit Court Reverses, Remands FOID Card Challenge Case

Illinois 5th Circuit Court Reverses, Remands FOID Card Challenge Case

The Illinois 5th Circuit Court of Appeals has finally reversed and remanded a lower court ruling in a case which could determine whether the Firearm Owner’s Identification (FOID) card requirement is constitutional.

The Second Amendment Foundation notes this will be the third go-round for the case in White County Circuit Court, but it could ultimately end up before the Illinois State Supreme Court, noted SAF founder and Executive Vice President Alan M. Gottlieb. The case was brought and funded by SAF and the Illinois State Rifle Association.

The five-page order was unanimous, with Justices John B. Barberis and Barry L. Vaughan concurring with Justice Thomas M. Welch, who delivered the opinion.

Noting that, “The State has filed a motion for summary relief arguing that the basis of the court’s dismissal—that it was impossible for Brown to comply with the statute—is not one of the bases upon which a charge may be dismissed before trial,” Justice Welch confirmed the defendant, Vivian Claudine Brown “agrees that the cause should be remanded.”

“We’re delighted the courts will finally have an opportunity to hear arguments in the actual case which challenge the constitutionality of the FOID card,” Gottlieb said. “Hopefully, this time around, we won’t see the case bogged down by more procedural issues which have allowed the court to avoid addressing the main issue at hand, which is whether the FOID card requirement actually passes constitutional muster.”

The case dates back to when Brown was originally charged with unlawful possession of a firearm without also possessing a FOID card, in May 2017.

“This case has been bouncing around for six years,” Gottlieb noted, “and it is high time to move forward.”