Date: May 6, 2021

The 2nd Amendment & FOID Cards in Illinois

Times seem to be changing when it comes to individuals and the 2nd Amendment in Illinois. Since 1968, people seeking to purchase a gun have been forced to get FOID cards. A FOID card is a special form of identification in Illinois. Individuals who want to own a gun must have one. That being said, a southern Illinois judge has deemed FOID cards unconstitutional.

Argument Against FOID Cards

Firstly, lets define the 2nd Amendment. To sum up, according to the Constitution the 2nd Amendment is for “a well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The 2nd Amendment was put in place so that people could protect themselves. Most importantly, it is stated in the Amendment that this right cannot be “infringed” on.

2nd Amendment Infringement in Illinois

“A citizen in the State of Illinois is not born with a Second Amendment right. Nor does that right insure when a citizen turns 18 or 21 years of age. It is a façade,” wrote White. “They only gain that right if they pay a $10 fee, complete the proper application, and submit a photograph. If the right to bear arms and self-defense are truly core rights, there should be no burden on the citizenry to enjoy those rights.” According to this judge, this is what makes FOID cards unconstitutional. Furthermore, by making citizens go through this process, the state is treating the 2nd Amendment as a privilege and not a right.

Arguments for Keeping FOID Cards

This decision by the court has upset many and caused concern. For example, John Baum, a lawyer and advocate of preventing gun violence argues “The whole emphasis of this decision is, ‘Well, this is taking guns away from law-abiding citizens.’ And yet it wants to strip the state of the mechanism for determining who is abiding the law,” Baum said. “So, all this does is deprive states of a critical tool for keeping guns out of the hands of people who shouldn’t have them.”

To sum up, there main concern is that people who should not have guns, could easily get them. As a result, the lawyers arguing against FOID cards have brought up that there are many mechanisms to use in determining who is a law-abiding citizen.

Conclusion

In conclusion, we will be paying very close attention to this story as it develops. Any information that is made public regarding this decision can be found on Prime Law Group LLC’s blog page.

Criminal Law Attorney

If you are seeking any guidance in criminal law Mario Sankis of Prime Law Group can help. Mario was a police officer for many years and understands the ins and outs of the criminal law system. Give Mario a call if you are looking for any assistance.