() – The Illinois Supreme Court is deliberating on whether a Firearm Owners ID card can be revoked merely based on being charged with a felony.
The plaintiffs, Aaron and Charles Davis, faced felony charges in Wood River after discharging firearms into the air on July 3, 2016. Subsequently, their FOID cards were revoked. However, after negotiating down to misdemeanor charges a year later, their FOID cards were reinstated.
Assistant Attorney General Leigh Jahnig, representing the state, argued that the plaintiffs lack standing as applied to their case.
“But the circuit court held that the statute was unconstitutional with respect to every person that’s been charged with a felony,” Jahnig informed the justices on Tuesday.
She requested that the lower court’s decision be overturned.
The plaintiffs’ attorney, Thomas Maag, countered.
“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 stated. “That is an as applied challenge as well.”
Illinois Assistant Attorney General Leigh Jahnig and attorney Thomas Maag presented oral arguments to the Illinois Supreme Court concerning whether an individual charged, but not convicted, of a felony should have their Firearm Owner ID card revoked. BlueRoomStream
Maag noted that while federal law prohibits those convicted of domestic violence misdemeanors or with certain mental health conditions from possessing firearms, the statute allows those charged, but not convicted, of a felony to retain their guns.
“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 explained. “That is what this case is about.”
The justices have taken the case under advisement.
