People v. Larson

Illinois Appellate Court
Criminal Court
Firearm Owners Identification Card Act (FOID)
Citation
Case Number: 
2015 IL App (2d) 141154
Decision Date: 
Wednesday, September 23, 2015
District: 
2d Dist.
Division/County: 
Kendall Co.
Holding: 
Affirmed.
Justice: 
ZENOFF
Defendant was convicted, after bench trial, of one count of possession of firearm without valid FOID card. Defendant's FOID card had been previously revoked pursuant to entry of plenary order of protection (OP). Although OP had expired at time firearm was discovered, Defendant's FOID card was still revoked.Section 14(c)(3) of FOID Card Act provides that a violation of Section 2(a) of FOID Card Act is a Class 3 felony if offender does not possess a currently valid FOID Card and is not otherwise eligible under this Act. Legislature concluded that possession of firearms after revocation of FOID card represents a greater public-safety threat that mere failure to apply for a card. (SCHOSTOK and SPENCE, concurring.)