On April 2, 2020, the Illinois Supreme Court issued its Opinion in the FOID card case State of Illinois v. Vivian Brown, where the trial court declared the FOID card law unconstitutional for those wishing to possess a firearm in their homes for self-defense, and the State appealed directly to the State Supreme Court. In the end, the case that entered the Illinois Supreme Court with a roar is leaving with a whimper. The Court did not rule on the constitutional issue, decided there was no jurisdiction for the appeal because the constitutional argument was unnecessary (an issue never raised by anyone), and remanded it to the trial court to enter a modified dismissal order of the original criminal charge which does not contain the constitutional language. The new dismissal will be on the “alternative” ground that the Legislature did not intend for the FOID law to apply in one’s home, which will have to be appealed to the Appellate Court, perhaps eventually making its way back to the Illinois Supreme Court on the original issue and/or the alternative ground. The dissent argued this will just result in wasted litigation to someday get back to the same place, and the dissenting Justices argue convincingly that the Court could and should have decided the constitutional issue before it.
When asked for comment, attorney David Sigale stated “It is telling that the Illinois Supreme Court had the opportunity to declare once and for all that the FOID card system is constitutional as to people wishing to possess a firearm for self-defense in their own homes, and explicitly declined to do so.” The State Legislature should take note, because the issue is not going away, especially with all of the problems regarding applications, renewals, and appeals.
Yogi Berra famously said “It ain’t over till it’s over.” Unfortunately, in the case of State of Illinois v. Brown, it ain’t over.
The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.
