Base photo by Daily Herald
Base photo by Daily Herald

We have the popcorn popping as news of a White County, IL judge ruling the FOID card unconstitutional.  Ace of Spades had the story today, and Valinda Rowe posted it at Illinois Carry on Thursday.  In short, a White County judge ruled in 2018 on the unconstitutionality of the FOID card in a case against a now-divorced, 4' 11" fifty-something woman with a single shot .22 rifle at home charged with possession of a firearm without a FOID card in March 2017. 

Motions and counter-motions poured in, and in October 2018, the judge reaffirmed his ruling and expanded upon itAccording to Valinda Rowe, the case is now headed to the Illinois Supreme Court thanks to Illinois Attorney General Kwame Raoul.

This comes on the heels of the Illinois Supreme Court ruling that Illinois' prohibition on TASERS/stun guns is unconstitutional.



46 thoughts on “White County, IL judge rules FOID *unconstitutional*; IL AG appeals to Illinois Supreme Court”
  1. The FOID card law like the 1968 GCA is a law that should never have been on the books.

    The problem is the Cultural Marxist will do everything in their power to keep it alive. The Illinois gun lobby needs to step back and support the end of this tyranny. 

    For years people like myself have been critical of this filthy law and have been criticized for it by elements of the gun lobby.

    Laws like the FOID card are nothing more than the “Opinion’ of a group of politicians, enforced by the use of arms. The FOID law is a violation of the very spirit of law itself.

    This is from the book “The Law” by Frédéric Bastiat

    [What, then, is law? It is the collective organization of the individual right to lawful defense.]  

    [If any gun group wishes to file a Amicus Curiae to submit a brief in this case please do so.  We need groups like SAF and GOA to step in. Please take the time to contact these groups and ask them for their support]

    1. We know this that if we had tried Heller back when Oconnor was on thebench we would have lost. 

      Many of us hate the FOID and want it gone. but we are now at a point in 2A litigation where it is possible. Now we can build on Deerfield and Webb is another case that allows us to build on to take down other bans and regulations. 

      We may be witnessing the complete destruction of a whole lot of gun laws in Illinois in the near future.

    2. It will be nice to read when the gun groups sue Illinois for its flawed CCW law and the fact that they don’t allow reciprocity for other states. If my DL is recognized by Illinois, so should my CCW. If LE can take guns across state lines, everyone should be able to. I have never thought of myself as more privileged than my fellow citizens when it came to gun rights, just because I was sworn to serve and protect. 

      However I would like to see the US Supreme Court take that case (in my lifetime) and finally force these socialist states to allow it. But then again I hate the whole CCW permission slip process anyway. The 2nd Amendment is our carry permit! Too bad the Senate won’t take up National Reciprocity! 

      But I will admit, it is nice to see our side winning for a change in Illinois! I hope it continues. 

    3. And if you have a FOID then why a waiting period since the state approves your right to ownership of a firearm? The validity check comes back in a few minutes. You probably already have a firearm. Also if you have a CCW then you may even have a firearm on your person at the time of purchase so why an additional waiting period?

  2. The Second Amendment, was written to, help the citizens, protect themselves. And since it is a federal amendment, if a state, wants to be a part of the United States of America, it has to follow the rules, and the laws of the United States. 

  3. The FOID card law is a way to enact gun registration. It’s only use is to make law abiding citizens like this lady felons. It does nothing to keep guns out of the hands of criminals. 

  4. Write gun laws for mandatory 25 years to life for using guns to commit crimes.  Don’t need gun laws for laws for law abiding citizens.

    1. Gun crime is a misnomer,the use of a inanimate object is lawfull or unlawfull by someones point of view,those hoplophobes think even thinking of a firearm is a crime(making a "gun" with your hand/drawing a picture/eating something into a firearm profile)and will attack whatever frightens them. Ask when should we start locking up those with irrational fears,especially fears of everyones freedom.

  5. Just another way to keep tabs on people and to make an extra few bucks off of everyone firearm owner that lives in the State of Illinois. 

    1. What's that supposed to mean? Don't hide behind your acute case of Cranial-rectal inversion.

    2. Hey CWS FAN: Stop the swearing, or mean spirited writing, and maybe people will start taking gun owners seriously instead of seeing them in a poor light.

    3. Speaking of cranial rectal inversion syndrome perhaps you're unaware but the Nazis made the Jews wear cloth patches of the Star of David on their clothing to identify them to separate them to Corral them and then to murder them. I think that's the metaphor he was referring to. You dummies should just stick to your circle jerking and leave the thinking to those of us with brains.

    4. mental-midget-kenny-bo y-dr-ho

      why don't you go pee up a rope? nobody wants to read your arrogant pissy comments anyway.

  6. I'm sure I'll draw some heat for this, but I like the FOID card. I am a gun-owner and life long 2A supporter. But the FOID card draws unnecessary heat while accomplishing some good things. First, it is not a gun registration scheme. It has nothing to do with how many, or what type of guns are in your home. What it does do is give a ready method for a retail sales clerk, or a private gun seller/buyer, to make sure that the person he/she is buying from is not a felon or does not have some other lawful bar to firearm/ammunition possession or ownership. To me, it's a good thing and I don't mind if it stays. 

    1. it also gives government your address in case they want to come by and hassel or confiscate!

    2. So what’s the background check they run on you for? As for the ammo part, don’t you need a gun in the first place to shoot the ammo? If i was a was going to commit a crime, i would probably get my guns and ammo from a street vender.

    3. I'm from out of state and can buy all the samei want in the state of Illinois. Just can't buy the firearms

    4. Then why make it mandatory and arrest you if they find you in possession of a gun and you don’t have one. There are easier ways to check ids for munitions. They even require a concealed carry holder to also keep their foid card updated and with you. 

    5. Matt, I do not believe you are an idiot?

      Do you like chains around your ankles? Do you need government to wipe your arse every morning or change your diaper?  Its good people like you that have fallen for this trap that government is here to look out for us. 

      Laws like the FOID card are  nothing more than the "Opinion of a politician, backed by the force of arms"

      The FOID card law is mans law, not Gods law. The only thing the FOID card is good for is letting government know where you live. The state of Illinois is creating and some believe has created a gun registration list for confiscation. 

      The prohibitions that you think are so damn great are new. They come from the 1968GCA and the FOID card law itself. Prior to these laws we purchased guns through the mail without background checks, FOID cards or 4473 forms. We were fine before these laws were passed and we will be fine after these laws are gone. 

      Stop living like a cuck and learn to live FREE.

      "A society that will trade a little Liberty for a little order, will lose both and deserve neither" Thomas Jefferson

    6. And if you have a FOID then why a waiting period since the state approves your right to ownership of a firearm? The validity check comes back in a few minutes. You probably already have a firearm. Also if you have a CCW then you may even have a firearm on your person at the time of purchase so why an additional waiting period?


  7. It is a ridiculous law to begin with. It’s just another form of taxation. Gee do criminals have found cards? The answer would be “ NO” . 

    1. …As well as:, most times criminals are NOT held accountable for NOT having a FOID card making it useless for crime/criminal "control", most often gun crimes and "no FOID" penalties are ignored with "plea-bargaining" from prosecutors.

  8. We need hire a sculptor to carve out a huge statue of that distinguished, brilliant, honorable, pro-American Judge. We'll get two made. One for White county and the other we can place right in the middle of Lincoln Park (where radical libbies once flew the communist N. Vietnamese flag during the '68 Democrat convention). We can guard it from leftist vandals using citizens armed with Tasers.

  9. Fucking dumbest law ever, since I live in Michigan when I come to IL I cannot buy ammo in the state from Cabelas or Bass Pro because I dont have a FOID Card, but I can get ammo from Cabelas online while in IL. WHy should I have to abide by a law when I live in MI. Gay!!!!!!!!!!!!!!!

    1. You have got to be kidding, you are upset over bad language.  What about the crimes of this government are you upset over that as well.  

      Sean, i understand your feelings and agree. Your words do not upset me.

    2. I don't have a problem with foul language…. Except in comedy….when it's not funny in the first place and the only reason you laugh is because of the foul language was thrown in to give the stupid joke a boost. Shit I hate that!

  10. Imagine, instead of a FOID card, we had a VID card, voter's ID card. And, you had to pay a fee for it and renew it periodically. We'd be hearing non-stop from the democraps that it was racist and unconstitutional, and courts would rightly rule just that. Not that you had do show an ID, but that you had to pay a fee for it, a fee that could be increased whenever an idiot politician gets a bug up their butt.

    Different constitutional right, but no difference otherwise.

    1. KK[K]: This is, without doubt, the smartest thing you ever did say.  Now fess up, y'er mommy wrote it for you? 

    2. Yep, you guessed it! pissant troll, kenny-boy dr-ho,

      why don't you go tell yer mommy she loves you, dimwitt, then beat her silly when she says she doesn't and tells you you were adopted from the local oragitan community? we don't want your pissy attitude and ignorant comments here.

  11. The 2nd Amendment is a RIGHT and NOT a law and we are born with it, thus no LAW can be enacted to deprive us of it. Its very purpose is so we may always be minute ready to defend freedom against tyranny, a police state or the overthrow of our Republic.

    1. I could not agree with you more, Susan. 2A is a right. The founders of this great nation recognized defense as an innate, natural human and civil right and so they  made it a Constitutional right for all American citizens.

      But the  2d Amendment is also the law thanks to Marbury v. Madison.  In 1803 the Supreme Court ruled and established the US Constitution as the law of the land and not mere proclamations, ideals and rights.

      Human and civil rights are violated and deprived daily throughout the land. Those rights are made more significant when they are backed by established law with the attainable ability for redress, remedy and justice. The 2d Amendment is the law.

    1. m,

      Who would ever name a kid "Jussie", maybe someone that cannot pronounce normal words in normal fashon and he/she is/was "juss-annuver-wefare-chek", and as for he/she's last name "Smollett", I pronounce it "smells-a-lot", as in he/she's hoax from the git-go smelled like barnyard manure! Who in all creation would think Chitcago would be a harbor for Trump supporters? Only an ignorant- brain-dead moron that "makes a living" reading a "scrip" performing as "someone else" surrounded by other ignorant, brain-dead morons with a false sense of "impotense"!

      Jussie "Smells-a-lot" has manure for "brains" to stage a MAGA hat wearing "attack" in the bastion of liberal-communist idealogy: Chitcago! At 2:00am? MAGA hat wearers work for a living and would NOT be "on the streets" at 2:00am looking to terrorize an idiot gay hateful punk with a gallon of bleach and a "string tie"!

      God, please save America from idiots like Jussie Smells-a-lot!

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