The Illinois Supreme Court is currently reviewing a case that centers around the question of whether a person’s Firearm Owners ID card can be revoked simply based on being charged with a felony.
In the case, Aaron and Charles Davis, the plaintiffs, faced felony charges in Wood River for firing guns into the air on July 3, 2016. As a result, their FOID cards were revoked. However, after reaching a plea agreement and having their charges reduced to misdemeanors a year later, their FOID cards were reinstated.
Assistant Attorney General Leigh Jahnig argued that the plaintiffs lack standing in their case against the state.
During the hearing on Tuesday, Jahnig informed the justices that the circuit court had deemed the statute unconstitutional for all individuals facing felony charges.
She requested the reversal of the lower court’s order.
The plaintiffs are being represented by Attorney Thomas Maag.
According to Maag, the application of this rule extends beyond just his clients. It also applies to individuals who have been charged with a felony but have not yet been convicted. Maag believes that this is another example of an as applied challenge.
According to Maag, federal law states that individuals convicted of domestic violence misdemeanors or those with mental health prohibitions are not allowed to possess firearms. However, the statute specifies that individuals who are charged but not yet convicted of a felony can still legally possess guns.
According to Maag, individuals who are under indictment or information can retain their existing firearms but are prohibited from obtaining new ones while facing charges. This case centers around this specific issue.
The justices are currently considering the case.