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Illinois Supreme Court considers whether gun charge, not a conviction, revokes FOID


(The Center Square) – The Illinois Supreme Court is considering a case about whether someone’s Firearm Owners ID card can be revoked for merely being charged with a felony.

Plaintiffs in the case, Aaron and Charles Davis, were charged in Wood River with felonies after firing guns into the air on July 3, 2016. After the charge, their FOID cards were revoked. After pleading down to misdemeanor charges a year later, their FOID cards were reinstated.

Representing the state, Assistant Attorney General Leigh Jahnig said the plaintiffs have no standing as applied to plaintiffs.

“But the circuit court held that the statute was unconstitutional with respect to every person that’s been charged with a felony,” Jahnig told the justices Tuesday.

She asked the lower court’s order be reversed.

Attorney Thomas Maag represents the plaintiffs.

“It is not as applied only as to my clients. It is as applied as to persons charged with a felony but not convicted,” Maag said. “That is an as applied challenge as well.”

While federal law says those convicted of domestic violence misdemeanors, or those who have mental health prohibiters, are prohibited from having firearms, statute says those charged, not convicted, of a felony can still possess guns, Maag said.

“They can keep the ones they’ve got while they’re under indictment or information, but prevents them from acquiring new firearms while they’re under charge,” Maag said. “That is what this case is about.”

Justices took the case under advisement.