On September 2, 2021, the Illinois Supreme Court issued a big “win” for firearm rights restoration in Illinois in the case of Evans v. Cook County State’s Attorney, 2021 IL 125513 (2021). The case involved the interplay between Illinois State law allowing firearm rights restoration and federal gun control laws. The case is excellent news for Illinois residents seeking firearm rights restoration and is a persuasive precedent for other States. Here is a brief explanation.
In Illinois, convicted felons have their firearm rights restricted. However, convicted felons may apply to have their rights restored. The process involves, first, applying to the Illinois State Police (“ISP”) for a firearm permit/license – which, in Illinois, is called a FOID Card. If the application for a FOID Card is denied, then the applicant can file an appeal to an Illinois county court.
Resolution of an appeal from a FOID Card denial is governed by Illinois statutes. See 430 ILCS 65/10, the FOID Card Act. Illinois courts may restore firearm rights for any non-forcible felony conviction. From the statute, the standard and eligibility for Illinois firearm rights restoration is as follows:
(1) The applicant has not been convicted of a forcible felony under the laws of this State or any other jurisdiction within 20 years of the applicant’s application for a FOID Card, or at least 20 years have passed since the end of any period of imprisonment imposed in relation to that conviction
(2) The circumstances regarding a criminal conviction, where applicable, the applicant’s criminal history and his reputation are such that the applicant will not be likely to act in a manner dangerous to public safety
(3) Granting relief would not be contrary to the public interest; and
(4) Granting relief would not be contrary to federal law
The Evans case involved the problem created by the fourth condition. Originally, the ISP denied Evans’ FOID Card application because the ISP determined that Evans would be prohibited from owning and possessing a firearm under federal law. The ISP made this determination because Evans had been convicted of two charges that could be punishable by imprisonment in each case for terms exceeding one year (making them felonies for federal gun control purposes). As such, Evans would be prohibited from having a firearm under federal law.
When Evans appealed to the Illinois county court, the court agreed. Federal law would prohibit Evans from owning or possessing a gun AND the court also held that Evans had failed to prove that his owning a firearm would not be contrary to the public interest. As such, the trial court affirmed the ISP decision; Evans was denied a FOID Card.
Evans appealed to the Illinois Appellate Court. The Appellate Court disagreed with respect to whether Evans had failed to prove that his owning a firearm would not be contrary to the public interest. But the Court of Appeals affirmed the trial court on the grounds that federal law would prevent Evans from owning or possessing a firearm. Again, Evans would not be granted a FOID Card.
The Illinois Supreme Court reversed the Appellate Court in both respects. First, the court held that, if an applicant is otherwise eligible for having his or her firearm rights restored, then granting the application would NOT be contrary to federal law since the applicant’s federal firearm rights would ALSO be restored.
The court’s reasoning was this: one method of having FEDERAL firearm rights restored is by showing that a convicted felon’s civil rights UNDER STATE LAW have been fully restored. For this purpose, “civil rights” are generally listed as the rights to vote, hold public office and serve on a jury. In Illinois, those rights are lost to convicted felons who are sentenced to prison, but are automatically restored after all sentencing conditions are met. However, the “civil rights restored” provision under federal law comes with an exception. A felon may possess a firearm if his civil rights have been restored “unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not … possess … firearms.” See 18 U.S.C. § 921(a)(20).
In Evans, the ISP, the trial court and the Appellate Court believed that possession of a firearm must be legal under federal law as a precondition to granting an application for Illinois firearm rights restoration. According to the Appellate court, this interplay between federal law and Illinois law trapped people seeking firearm rights restoration in a never-ending statutory loop. The “loop” is this: restoration of civil rights does not restore federal firearm rights because Illinois still bans felons from owning or possessing firearms; but Illinois firearm rights cannot be restored because federal law still bans felons from owning or possessing firearms.
However, the Illinois Supreme Court “broke the loop” by holding that, if a person is otherwise eligible to have their firearm rights restored pursuant to the FOID Card Act, then federal firearm rights are also restored. As such, according to the court, granting an application would NOT be contrary to federal law.
This part of the Evans case is very good news for firearm rights restoration in Illinois.
Unfortunately for Alfred Evans – the individual plaintiff in the case – the Illinois Supreme Court also reversed the Appellate Court on the issue of whether he failed to prove that his owning a firearm would not be contrary to the public interest. The Illinois Supreme Court held that the Appellate court had no justification for overturning the trial court’s determination on that issue. Thus, the trial court’s ruling on this issue was reinstated. This means that Evans will not be granted a FOID Card.
But, as said, this is a significant victory for firearm rights restoration in Illinois.
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