Brown v. Illinois State Police

Illinois Appellate Court
Civil Court
FOID Card Act
Citation
Case Number: 
2020 IL App (3d) 180409
Decision Date: 
Thursday, April 30, 2020
District: 
3d Dist.
Division/County: 
Putnam Co.
Holding: 
Reversed.
Justice: 
CARTER

(Modified upon denial of rehearing 6/8/20). Petitioner filed petition seeking relief from a decision of the Illinois State Police revoking his FOID card. After evidentiary hearing, court granted petition and directed ISP to issue Petitioner a FOID card. In 2001, Petitioner had pled guilty to, and was convicted of, misdemeanor offense of inflicting corporal injury on a spouse in California. This offense clearly qualifies as a misdemeanor crime of domestic violence. The limited exception under the FGCA (Federal Gun Control Act) cannot apply because this conviction was never expunged or set aside, he was never pardoned for that conviction, and he never hade his civil rights revoked and restored in California as a result of that conviction. (LYTTON, concurring; HOLDRIDGE, dissenting.)