Interesting case from Ill. Supreme Court
Plaintiff sued for a Firearm Owner ID Card, required for gun possession. He had a misdemeanor DV. Apparently Illinois has no way to get rights restored after a misdemeanor. The State opposed, since its statute doesn't allow FOID cards to be issued to those barred from gun possession by Federal law, and there is the Federal bar against those with misdemeanor DV convictions.
As I read it the court holds that Federal law exempts from its prohibited person categories anyone convicted but who has had their rights restored, and that issuing the FOID is the equivalent of restoring rights (the statute does not say the rights must be restored by a court), ergo there is no Federal bar, and the FOID should issue.
Opinion here. Warning, it is a long pdf.
Not a lawyer can you give the 50 cents summary?
Posted by: Rich at September 13, 2013 09:11 AM
Try reading what David wrote in the summary...that is your $.50 worth.
Posted by: 5thofNov at September 13, 2013 10:27 AM
I did read the summary - I was looking for a bit more from someone whom I respect in this field. Sorry that I did not meet your expectations.
Posted by: Rich at September 14, 2013 06:50 AM