Judge T. Scott Webb Monday morning issued his order and finding in the People of the State of Illinois vs. Vivian Brown. Webb, in a 15 page document, says after analyzing all the evidence in the matter, he finds that Brown’s activity of possessing a firearm within the confines of her home [without an active FOID card] is an act protected by the Second Amendment.
The facts in the case date back to the spring of 2017 when Brown of rural White County was charged with owning a firearm without possessing a Firearm Owners Identification Card. Brown had no criminal record and was otherwise eligible to have and possess a firearm and be issued a FOID card. On March 18, 2017, the Sheriff’s Department of White County was called by Brown’s husband in reference to Brown shooting a gun inside the residence. Deputies found a rifle beside the bed but found no evidence that the rifle or any gun had been fired in the residence.
Webb, in his ruling, cites the extensive procedural history which has twice been before the Illinois Supreme Court and the Appellate Court once. In his written analysis, Webb says the incident taking part inside Brown’s home was paramount and that because she was exercising her right to self-defense within her home, there are inherent rights to privacy at issue as well as asserted by the defendant. Additionally, Webb writes that 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 specifically statutes 430 ILCS 65/2(a)(1) and 430 ILCS 65/5 and he finds those to be unconstitutional.
Read more at Second White County Judge Rules FOID Cards Unconstitutional in Brown Case – WRUL-FM
Find the full ruling via the link below
