Plaintiff brought a lawsuit challenging the constitutionality of the Firearm Owners Identification Card Act under the second amendment to the U.S. Constitution. The parties filed cross motions for summary judgment. The trial court granted summary judgment in favor of the defendant and plaintiff appealed. On appeal, the plaintiff argued that the FOID Act violated the second amendment by requiring a license to own a firearm and that the fees imposed by the FOID Act are unconstitutional under the second amendment. The appellate court affirmed, finding that the FOID Act’s purpose of seeking to identify those individuals unqualified to possess firearms is consistent with the second amendment’s “regulatory tradition.” (CAVANAGH, concurring and specially concurring and DeARMOND, dissenting)
Illinois Appellate Court
Civil Court
Second Amendment