A highly anticipated decision by the Illinois Supreme Court was released on Thursday, but the state’s high court managed to avoid addressing the focus of the case, which dealt with whether or not the state’s Firearms Owner ID card law is constitutional.
Vivian Brown is a resident of Illinois, and back in 2017 she was arrested for having a rifle in her home, but no valid FOID card. Brown was legally eligible to get a card, she just hadn’t done so. In 2018 a circuit judge agreed with White’s attorneys that the FOID card statute was unconstitutional, and the state of Illinois appealed his decision to the state Supreme Court
On Thursday, the state Supreme Court sent the case back to the circuit court with instructions to decide the case without reaching a conclusion on the constitutionality of the FOID statute itself. The majority opinion argues that when courts can reach a decision without implicating the constitutionality of a law, it’s bound to do so.