Evans v. Cook County State’s Attorney

Illinois Supreme Court
Civil Court
FOID Card Act
Citation
Case Number: 
2021 IL 125513
Decision Date: 
Thursday, September 2, 2021
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court affirmed.
Justice: 
M. BURKE

Illinois State Police denied Petitioner's request for a FOID Card. Petitioner was barred from obtaining a FOID card because Federal Gun Control Act prohibited him from possessing a firearm, as that Act prohibits a person from possessing a firearm when they have been convicted of a crime punishable by imprisonment for for than 1 year. Illinois legislature clearly intended for felons to be able to obtain relief under Section 10 of FOID Card Act. If a convicted felon can establish the requirements of section 10(c)(1)-(3) of FOID Card Act, he may be granted relief in a way that is not contrary to federal law. Trial court did not abuse its discretion in concluding that Petitioner failed to meet his burden of establishing that granting him relief would not be contrary to the public interest. (A. BURKE, THEIS, and OVERSTREET, concurrng; CARTER, GARMAN, and NEVILLE, dissenting.)