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People v. Brown

10.14.21

Defending Illinois’s firearm licensing system.

Court: Illinois Supreme Court

Issue at Stake: Licensing

Summary: Everytown filed this amicus brief in the Illinois Supreme Court in defense of the Illinois Firearm Owner’s Identification Card Act (“FOID Card Act”), which requires that individuals obtain a FOID Card in order to possess or acquire a firearm. The defendant raised a Second Amendment challenge to both the licensing and fee requirements under the FOID Card Act. 

Everytown’s brief urges the Illinois Supreme Court to reverse the decision of the circuit court, which had found Illinois’s law unconstitutional. The brief details the long history of licensing requirements on firearms owners as well as over 150 years of laws imposing taxes and fees on firearm possession or licensing. Everytown’s brief explains that such requirements are beyond the scope of the Second Amendment’s reach and are therefore constitutional.

Decision: On June 16, 2022, the Illinois Supreme Court vacated the circuit court’s finding of unconstitutionality, holding that the circuit court had disregarded the Supreme Court’s prior order in the case and had acted without authority.

Case Documents