Friday, September 13, 2013

Illinois Court Says FOID Restores Rights

Plaintiff sued for a Firearm Owner ID Card, required for gun possession. He had a misdemeanor DV. Apparently Illinois has no way to get rights restored after a misdemeanor. The State opposed, since its statute doesn't allow FOID cards to be issued to those barred from gun possession by Federal law, and there is the Federal bar against those with misdemeanor DV convictions.

As I read it the court holds that Federal law exempts from its prohibited person categories anyone convicted but who has had their rights restored, and that issuing the FOID is the equivalent of restoring rights (the statute does not say the rights must be restored by a court), ergo there is no Federal bar, and the FOID should issue.

 Source with Link to decision

1 comment:

  1. I was at a gun show in Il. years at will working in the state.
    That FOID card is BS, you can't even buy ammo without a foid card.

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