Illinois Supreme Court Issues Ruling on Constitutionality of the FOID Card

April 2, 2020 — In the aftermath of this morning’s ruling by the Illinois Supreme Court ruling on whether the FOID Card [Firearm Owners Identification] law is constitutional, we speak to Todd Vandermyde, lobbyist for the Federal Firearms Licencees of Illinois.

A FOID card is required to own a gun in Illinois. Illinois is one of only four states in the nation to have such a requirement. Under the US Constitution’s Second Amendment, says “the right to keep and bear arms” “shall not be infringed”. But many gun owners and those who sell guns argue the requirement of a FOID card that requires a fee and can take months to have processed is DEFINITELY an infringement on a constitutional right. They argue it is as unconstitutional as the old “poll tax” that was charged before citizens could vote in an election.

In a lower court decision handed down in White County Illinois, the circuit court there ruled the FOID Card requirement WAS unconstitutional. The case went to the Illinois Supreme Court for review and today’s ruling is — as Mr Vandermyde says — something of a mixed bag that does not clearly say whether the FOID law is or is not unconstitutional.

As explained in this interview, Mr Vandermyde says it is damning to the supporters of gun control legislation that the Illinois Supreme Court did not clearly come out and say that the FOID card requirement in Illinois IS Constitutional.

Here is a link to the Court’s decision in the People v Brown case. https://courts.illinois.gov/Opini…/Su…

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