Judge finds firearm ownership card law invalid – as applied to one Illinois woman
By SARAH MANSUR
Capitol News Illinois
smansur@capitolnewsillinois.com
SPRINGFIELD — For the second time, a county judge in southern Illinois has ruled the state’s Firearm Owner Identification Card law unconstitutional, as applied to one state resident, Vivian Brown.
The ruling from Judge T. Scott Webb means the Illinois Supreme Court will, also for the second time, be in a position to decide whether to strike down the FOID card law as unconstitutional.
According to an Illinois Supreme Court rule, appeals in criminal cases “shall lie directly to the Supreme Court as a matter of right,” if the case involves a U.S. or Illinois statute being found “invalid.”
If the state decides to appeal this decision that found the FOID law unconstitutional, the appeal will be heard by Illinois Supreme Court — just as the high court did in 2018 when the FOID card law was found unconstitutional by a different judge in this case.
Under the state Firearm Owner Identification card law, prospective gun owners must pay a $10 filing fee and submit an application in order to be eligible for the FOID card, which is required for Illinoisians to obtain a firearm.
This case out of the Second Judicial Circuit in White County, People v. Vivian Brown, involves a challenge to the constitutionality of the FOID law that arose after Brown was charged with possessing a rifle in her home without a FOID card in 2017.
At the time, Brown was eligible to obtain a FOID card but did not have one.
Brown argued the law violated the Second Amendment because it prohibited a person who could legally possess a weapon from keeping one in his or her home.
Retired Second Judicial Circuit Judge Mark Stanley dismissed Brown’s charge in October 2018, finding the FOID card law was unconstitutional as applied to her.
Stanley wrote that if the statute is constitutional, “then it becomes obvious the legislature did not intend the statute to apply in one’s own home due to the impossibility of compliance.”
The state appealed directly to the Illinois Supreme Court, bypassing the appellate court, which hears appeals from the circuit courts.
Generally, the Illinois Supreme Court has discretion in the appeals it accepts. But, according to Illinois Supreme Court Rule 603, it must accept appeals in cases where a state or federal law is found unconstitutional.
In April 2020, the high court’s majority avoided having to decide whether the FOID card law was unconstitutional based on a technicality.
The majority found the case was outside its purview because Stanley did not need to find the law unconstitutional in order to resolve Brown’s case. Since Stanley’s ruling stated the legislature did not intend to apply the law to individuals possessing guns at home, this finding represented an alternative, nonconstitutional basis for dismissing the case against Brown, the court’s majority held.
In that April 2020 decision, the Illinois Supreme Court’s majority vacated the court’s finding that the statute was unconstitutional, and sent the case back to the White County court.
The court ruling from Webb reached essentially the same conclusion as his retired predecessor, whose decision the Illinois Supreme Court vacated.
Apparently seeking to prevent the Illinois Supreme Court from skirting the constitutional question raised, Webb’s opinion also states explicitly that ruling the FOID card law unconstitutional “is necessary to this Court’s decision and it cannot rest its decision upon an alternative ground.”
Webb found “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 wrote in his 17-page opinion issued on April 26.
David Sigale, a suburban attorney who represents Brown, said he believes the Supreme Court Rule 603 means the high court is required to accept the case on appeal, if the Illinois Attorney General’s Office appeals Webb’s ruling.
A spokesperson for the Illinois Attorney General’s Office did not respond to a request for comment.
Capitol News Illinois is a nonprofit, nonpartisan news service covering state government and distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
Local News
Palos Park could be making its decision on gaming on Monday
Spread the loveBy Jeff Vorva Will Palos Park make its decision on bringing in gaming machines to the village on Monday? The world will have to wait until Monday to find out. The village council will meet for the first time in 2022 on Monday after its Jan. 10 meeting was cancelled because of a…
Pekau takes Rubin and Foxx to task over mandate punishments
Spread the loveBy Jeff Vorva Orland Park has Cook’s County’s attention. The village’s decision to vote against enforcing Cook County COVID-19 mandates at a special meeting Dec. 28 has been a hot topic. The village’s position is that businesses need not require proof of vaccination for patrons to enter. Some businesses are taking the board…
‘These bruises won’t heal’
Spread the loveCPS kids back in school, but bitterness remains By Tim Hadac Teachers who walked off the job in the new year returned last week after the Chicago Teachers Union rank and file voted to accept Mayor Lori Lightfoot’s offer of increased safety measures at schools. But it was a divided vote, with just…
Smooch from a pooch
Spread the loveMutts of the Midway volunteer John Shaker smiles as he gets a smooch from Burt, a 5-year-old American Pit Bull/Boston Terrier mix. Shaker works as a transporter, driving dogs to and from veterinarian appointments. The 37-pound Burt was rescued by the non-profit Mutts of the Midway from a shelter in Texas. For several…
Here’s a sure sign of spring
Spread the loveBy Joan Hadac Your correspondent in Clearing and Garfield Ridge (708) 496-0265 • joan.hadac@gmail.com Hi everyone. How have you been surviving January? This is one month I always hope flies by. If the sun is out, the temperatures are, or feel like they are in the subzero range. If it’s cloudy, which is most…
Justice swears in new police officer
Spread the loveBy Carol McGowan The Justice Village Board approved the recommendation of the Justice Fire and Police Commission to hire Police Officer Kady Sassenger at its January 10 meeting. Her move from the Coal City Police Department to Justice is considered a lateral move, which means the officer transfers from one department to another…
Medeisis promoted to fire battalion chief in Bridgeview
Spread the loveBy Steve Metsch The Bridgeview Fire Department has a new battalion chief. Michael Medeisis, 55, was promoted from the rank of lieutenant at the Jan. 5 meeting of the Bridgeview Village Board. “Hey, hot diggity dog, we’ve got a great guy (promoted),” village Trustee Michael Pticek said. Trustee James Cecott said the promotion…
Retired village employee appointed to Lyons ZBA
Spread the loveBy Steve Metsch The Karasek family has a long history of working for the village of Lyons dating back decades. And that history is getting a new chapter. Steven Karasek, 60, who two years ago retired after 36 years in the public works department, has been appointed by Mayor Christopher Getty to serve…
Walker teacher Eva Manzke honored by farm bureau
Spread the loveBy Carol McGowan School District 104 teacher Eva Manzke was recently honored by the Cook County Farm Bureau for her work with teaching students about agriculture. Students at Walker Elementary in Bedford Park, and Manzke herself were surprised when Principal Amanda Venegonia said they were gathered to honor Manzke, as she had been…
Moraine Valley’s Tom Diaz earns All-Conference honors
Spread the loveBy Carol McGowan Tom Diaz is a freshman at Moraine Valley Community College, and is making big strides with their cross country team. Diaz is also a 2021 graduate of Argo Community High School, and is the first Argonaut to earn All Region honors while pursuing his cross country career. MVCC’s Men’s an&…
Neighbors
EPCHS adds Emmy-winning actor Gary Sievers to Hall of Fame
Spread the loveEvergreen Park Community High School has added a name to its list of Hall of Famers. Gary Sievers, a 1968 EPCHS graduate who became well-known for his acting, public speaking, work in radio and television, community service, civic leadership and teaching, was posthumously inducted into the school’s Hall of Fame during the Honors…
Worth vehicle sticker applications ‘lost’ in the mail
Spread the loveBy Joe Boyle Worth Village Clerk Bonnie Price said that even though application forms for village vehicle stickers were sent out to the post office last month residents were still waiting to receive those applications. “We have been doing this for 15 years,” Price said during the Worth Village Board meeting May 7. “This…
Hunt killer in ‘drifting’ slaying
Spread the love. Police seek witnesses, video of 59/Western . By Tim Hadac Police are appealing to the public to help find those responsible for the slaying of a 20-year-old West Englewood man during a takeover of the intersection at 59th and Western at 3:21 a.m. Sunday, May 5. The victim–identified as Guillermo “Memito” Caballero…
Mom gets 20 years in babies’ murder
Spread the love. Stuffed her newborn twin boys in an alley garbage cart . By Tim Hadac The books closed this month on a double murder that shocked and sickened many in the Garfield Ridge area more than 20 years ago. Antoinette Briley, 44, pled guilty on May 7 to murdering her twin baby boys…
Ladies lead the way to stylish Kentucky Derby fun
Spread the love As a tip of the cap–so to speak–to the Kentucky Derby, acclaimed chef Gloria Hafer (second from right) visited the Garfield Ridge Satellite Senior Center last week to cook a burgoo (a thick stew traditionally popular in the South). For an added bit of fun, the center had a derby contest. Among…
Seek donations for charity at Two Holy Martyrs
Spread the love. By Tim Hadac The Society of St. Vincent de Paul chapter at Two Holy Martyrs Parish will host a bundle weekend on Saturday, May 18 and Sunday, May 19. Volunteers will staff two trailers at the St. Rene Goupil Church parking lot, 64th and New England, from 1 to 5 p.m. Saturday…
Palos Park finance director heading to Westmont
Spread the loveBy Jeff Vorva Palos Park was in good hands with Altic. Finance director/treasurer Allen Altic is leaving the village later this month to take a similar position in Westmont, just a few miles from his home in Downers Grove. Altic was an assistant finance director in Bloomingdale from 2012 to 2020, when he…
Orland Township hosting free senior health fair
Spread the loveOrland Township and Supervisor Paul O’Grady are hosting a senior health fair to provide free health services and information to senior citizens on Tuesday, May 21, from 9 a.m. until noon at Orland Township, located at 14807 S. Ravinia Ave., Orland Park. The Senior Health Fair is an excellent opportunity for seniors to…
District 128 teacher joins Golden Apple Accelerator Program
Spread the loveBy Kelly White A Palos Heights School District 128 educator was selected to be a part of the Golden Apple Accelerator Program. Also, a District 128 alum, Moira Touhy, a paraprofessional at Independence Junior High School, 6610 W. Highland Dr., Palos Heights, will be participating in the 15-month online program specifically geared toward…