Petitioner appealed dismissal of petition for judicial review of denial of his FOID card. Circuit courts may no longer remove the federal ban on firearm ownership by those convicted of domestic battery. Gun rights do not fall under the rights covered by the civil rights restored language of the federal Gun Control Act of 1968. Even if gun rights were civil rights, Illinois does not provide a mechanism for restoration of such rights. "Safety valve" provision of Gun Control Act provides no remedy to Petitioner, as Section 925(c ) of Gun Control Act is not funded, and thus Petition is still under the federal firearm disability. Illinois General Assembly meant to tie state prohibition of a FOID card with the federal prohibition of gun ownership, so that reinstatement of FOID card is allowed only once federal prohibition has been relieved.(McDADE and WRIGHT, concurring.)
Illinois Appellate Court
Criminal Court
FOID Card Act