Sangamon County judge declares FOID card constitutional, siding with Illinois State Police

SPRINGFIELD, Ill. (WAND) — Sangamon County Judge Jennie Ascher ruled Tuesday that the firearm owners identification (FOID) card is constitutional.

Guns Save Life Founder John Boch filed a lawsuit against the state in 2019 because he feels it is unconstitutional for Illinois to require people to have a license and pay a fee before they can buy guns.

During a court hearing on June 20, plaintiffs argued that the FOID Act burdens actions protected under the Second Amendment. Attorney Christian Ambler said the U.S. Supreme Court's decision in the 2022 Bruen case found laws similar to the FOID Act are unconstitutional.

Although, the Attorney General's office said this was a straightforward case. Assistant Attorney General Isaac Freilich Jones noted that people apply for FOID cards and the Illinois State Police issue the identification cards if they are not found to be criminals. Jones said there is no difference between waiting for a FOID card and waiting for a background check before buying a gun.

Ambler later argued that there is no historical support for a law allowing states to require people to have a license before they can purchase guns. He said people did not face this type of burden when the Second Amendment was approved by Congress in 1789.

Yet, the Attorney General's office stressed there is no way to prove that people living in the 18th century would disapprove of the FOID law. They also claimed that there is no world where $10 is an unreasonably high fee to pay for a FOID card. However, plaintiffs said there is no historical context for fees people would face before purchasing their firearms.

Judge Ascher agreed with the Attorney General's office that the $10 fee is not unreasonable for people to pay for a FOID card.

Boch's lawsuit was originally filed against Attorney General Kwame Raoul, Illinois State Police Director Brendan Kelly, former McLean County State's Attorney Don Knapp, and former McLean County Sheriff Jon Sandage. However, the case was later changed to focus solely on Kelly as the Illinois State Police are the organization responsible for the FOID card system.

Boch and Guns Save Life plan to appeal the ruling. There are multiple lawsuits before circuit and state courts regarding the FOID card and assault weapons ban.

The Illinois Supreme Court head oral arguments in the assault weapons case earlier this spring. Gun control advocates said the ban will prevent gun violence by taking assault weapons off the streets. Although, Illinois Republicans and gun owners believe the law will only take guns away from law-abiding citizens.