Supreme Court, Again, Refuses to Rule on Constitutionality of FOID Cards

The Illinois Supreme Court released a 4-3 decision to decline ruling on whether Illinois’ Firearm Owners Identification Act is unconstitutional.


This is the second time that the Court has seen the case of the People v. Vivian Brown and the second time the court has chosen to not rule on the constitutionality of state’s FOID Act, which requires Illinoisans to receive a permit to legally own a gun.


The majority opinion contended that the White County Circuit Court did not adhere to the Supreme Court’s previous 2020 ruling in the case and that the lower court had no authority to reconsider the case after that ruling. This decision once again vacated the circuit court’s ruling that the FOID Act was unconstitutional.


The People v. Vivian Brown case started when Vivian Claudine Brown was charged in 2017 with possession of a firearm without a FOID card after police responded to a call that she had fired a gun in her home. While police didn’t find evidence that she fired the rifle they found at the home, they decided to charge her for possession.