The Supreme Court of Illinois ruled that felons may apply for restoration of firearms civil rights.
The court also described the discretion granted to the director and courts when making their determination.
If you’ve been denied a FOID card after a felony conviction, this ruling matters.
Background: The Evans v. Cook County State’s Attorney Case
In 2021, the Supreme Court of Illinois issued its opinion in Evans v. Cook County State’s Attorney, 2021 IL 125513. Evans considered whether Section 10 of the FOID Card Act automatically and permanently makes this relief unavailable to convicted felons. The FOID Card Act establishes a process for relief from firearms disabilities.
The Supreme Court of Illinois determined that Section 10 of the FOID Card Act was intended to be a mechanism for firearm civil rights restoration for some convicted felons.
Here’s how the case unfolded:
- Evans was convicted of two felonies in 1994, both related to the manufacture or delivery of a controlled substance.
- He applied for a FOID card in 2018 and was denied.
- The Illinois State Police (ISP) cited Section 922(g)(1) of the Federal Gun Control Act of 1968. This section prohibits firearm possession by anyone convicted of a crime punishable by more than 1 year in prison.
[Related: Qualifying for a FOID Card in Illinois]
How the Lower Courts Ruled
The Cook County Circuit Court agreed with the ISP and rejected Evans’s petition to have his firearm rights restored.
The court reasoned that federal law barred Evans from obtaining a FOID, and Evans had failed to prove that his firearm ownership would not be contrary to the public interest. Evans had submitted various materials to the court in support of his rehabilitated character, including letters of recommendation.
However, the circuit court did not find those materials persuasive.
Evans appealed. The appellate court reluctantly affirmed, finding it had no power to rewrite the law. It acknowledged the circular reasoning in the statute but declined to change it.
[Related: Illinois State Police Moving Into the Digital Age]
What the Illinois Supreme Court Decided
The Illinois Supreme Court took up Evans’s appeal and issued a significant ruling. The court held that a convicted felon who establishes the Section 10(c)(1)-(3) requirements may have civil rights restored. That felon may then be granted a FOID card.
However, the Supreme Court went further. It held that a petitioner must establish the Section 10 factors “to the courts or Director’s satisfaction.” This is a discretionary standard, not an automatic one. The Supreme Court then reviewed the circuit court’s denial and found no abuse of discretion.
Evans lost his individual case, but the ruling opened the door for other applicants.
[Related: Can a Felon Own a Gun in Illinois? What You Need To Know]
What This Ruling Means for Your FOID Appeal
The Evans decision is a meaningful win for firearms civil rights in Illinois. However, it comes with an important caveat.
Applications for restoration must be properly tailored and sufficiently detailed to meet the requirements of Section 10. A generic or poorly supported submission is unlikely to succeed, as Evans himself discovered at the circuit court level.
If you’re a convicted felon who has been denied a FOID card or had one revoked, you may still have options. Under Section 10, convicted felons may seek restoration by petitioning either the ISP director or a circuit court judge.
Contact Williams & Nickl for Help With Your FOID Appeal
An experienced attorney should craft any appeal of a FOID denial or revocation. The strength of your submission often determines the outcome.
At Williams & Nickl, we’re experts in Illinois FOID appeals.
Contact us online or call 312-335-9470 for a free and confidential 1-hour consultation.
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