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Illinois high court hears challenge to state's FOID card law for gun owners

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(WBBM NEWSRADIO) — The Illinois Supreme Court is considering whether a state law requiring gun owners to have a Firearm Owners Identification card is unconstitutional.

The court is, for a second time, considering the case of a Southern Illinois woman who was charged with possession of a firearm without a FOID card. The weapon was in her home.


A judge ruled the FOID requirement imposed a burden on her Second Amendment right to keep a firearm in her own home for protection.

Garson Fischer, an assistant Illinois attorney general, argued the law imposes a minimal burden and serves a legitimate interest in keeping guns out of the hands of felons and the mentally ill.

On the other side, attorney David Sigale argued that the law imposes a significant burden because it imposes penalties on those in violation, even if they are entitled under state and federal law to own a firearm.