There has been a ruling by the Illinois Supreme Court in the Johnson Vs. Illinois State Police (ISP) case (Docket No. 124213). This case is regarding the Illinois lifetime ban on firearm possession regarding misdemeanor convictions. On January 24th, 2020 the Illinois Supreme court unanimously grants relief to Ms. Johnson citing portions of the Illinois code and Firearm Owner Identification (FOID) act are unconstitutional.
As part of the Illinois Supreme court ruling, the Illinois Supreme Court states that “the right to keep and bear arms is a civil right”. This ruling may set the case law needed for other people who have been denied their gun rights in Illinois, to appeal the denial.
More about the Johnson Vs. Illinois State Police case…
Originally in 2001, Ms. Johnson pleads guilty to striking her then-husband in the head and was sentenced to time served plus conditional discharge. Ms. Johnson then received an Illinois Firearm Owner Identification (FOID) card in 2010. Johnson’s FOID card was later revoked due to the Illinois State Police uncovering her previous conviction. In seeking guidance Ms. Johnson reached out to Illinois Carry, an Illinois advocacy group promoting gun rights in Illinois. Illinois Carry guided Johnson through the FOID appeals process.
In 2013 Johnson filed a petition in the circuit court to appeal the revocation of her FOID card. The circuit court sided with the state and denied to overturn Johnson’s FOID revocation. However Johnson appealed again citing Second Amendment violations, and the court did order the ISP to issue Johnson a FOID card. The ISP then appealed to the Illinois Supreme Court.
The Illinois Supreme Court Concluded…
For the foregoing reasons, we hold that, under section 10 of the FOID Card Act,
granting Johnson relief would not be contrary to federal law. 430 ILCS 65/10(c)(4)
(West 2012). Accordingly, we affirm the judgment of the circuit court directing the
issuance of a FOID card to Johnson. Based on our holding, there is no need to
address the constitutional basis for the trial court’s ruling. Accordingly, we vacate
the circuit court’s holding that section 922(g)(9) and the provisions of the FOID
Card Act (id. §§ 8(n), 10(b), 10(c)(4)), along with the relevant provisions of the
Illinois Administrative Code, are unconstitutional as applied to Johnson.
(Bold has been added by the author for emphasis.)
Download the Illinois Supreme Court Judgment on Johnson Vs. The Illinois State Police Docket No. 124213 IL Supreme Court Ruling Johnson vs ISP.pdf (73 downloads)
Valinda Rowe, spokes person for Illinois Carry had this to say regarding the Johnson Vs Illinois State Police ruling…
We are very excited about this ruling. Many people with decades old misdemeanor domestic convictions and had a FOID card for years, like Ms. Johnson, suddenly found they had been revoked when they went to renew or tried to apply for a concealed carry license (CCL). This ruling will provide a process to have their right to keep and bear arms restored.