Lawyer tries to shoot down FOID card law

SPRINGFIELD, Ill. (WAND) – The Illinois Supreme Court is once again being asked to determine the constitutionality of the state's FOID Card Act.

The case involves the arrest of Vivian Brown of White County. Brown kept a rifle in her home for self defense but did not have a FOID card. Her attorney, David Sigale, argued before the court in the past week that requiring the card violates Brown’s second amendment rights and obtaining the card is burdensome.

“It’s not quick. It is not easy,” Sigale told the justices. “It’s a large burden on law abiding persons like Ms. Brown.”

The state argued there is only a nominal burden and the FOID card helped separate law-abiding citizens who are entitled to own a gun from people in another category like felons and the mentally ill. Not all of the justices were swayed by the state’s argument.

“What we have here is the government telling every citizen in the state of Illinois you really don’t have second amendment rights until we tell you you have them,” said Justice Michael Burke.

The court has taken the case under advisement and will rule at a later date.