Davis v. Yenchko

The supreme court considered a direct appeal from a circuit court order finding a section of the Firearm Owners Identification Card Act to be unconstitutional as applied. Specifically, the circuit court held that the act was unconstitutional when used to revoke the FOID cards of individuals who were charged with, but not yet convicted of, a felony. The supreme court vacated the judgment, finding that the plaintiffs lacked standing. The court explained that because the plaintiffs’ FOID cards had been reinstated they had no present injury and that the prospective relief they requested in their complaint would provide them no redress for their past injuries. (THEIS, NEVILLE, OVERSTREET, HOLDER WHITE, CUNNINGHAM, and ROCHFORD, concurring)