2015 IL App (4th) 130746
Ill. App. Ct.2015Background
- In 1999 Connour was convicted of misdemeanor domestic battery; that conviction barred him from possessing firearms under both Illinois FOID law and federal law (18 U.S.C. § 922(g)(9)).
- In 2011 Connour petitioned under section 10 of the FOID Act; the McLean County circuit court found he would not be dangerous and ordered the Illinois State Police (Department) to issue a FOID card.
- The Department initially issued a FOID card with a federal-warning legend; Connour sought a FOID card without qualifying language and ultimately sued for mandamus to compel issuance of an unrestricted, usable FOID card and to require the Department to notify federal authorities that his rights were restored.
- The trial court granted mandamus and ordered the Department to (1) issue an unrestricted FOID card and (2) report to the appropriate federal agency that Connour’s rights to possess firearms and ammunition had been restored.
- On appeal the Department challenged only the second part of the order (the duty to notify federal authorities). The appellate court affirmed as modified: the Department must report that Connour’s firearm rights were restored as a matter of Illinois law, not that his federal disability was removed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a state-court restoration of FOID rights under IL FOID Act automatically removes a federal firearms disability and/or requires the State Police to notify federal authorities that federal rights have been restored | Connour: Section 10 restoration constitutes "civil rights restored" under the Gun Control Act, so he is not federally barred; the Department must notify NICS that his rights were restored | Department: FOID Act compliance is a state matter; federal disability remains unless federal criteria are met, so State Police had no duty to report a federal restoration | The FOID Act restoration does not automatically remove the federal disability. The Department need only report that Connour’s rights were restored as a matter of Illinois law; it had no clear duty to represent that his federal firearms disability was removed. |
Key Cases Cited
- Logan v. United States, 552 U.S. 23 (2007) (interprets "civil rights restored" under the Gun Control Act as relating to core civil rights and distinguishes retained vs. restored rights)
- Coram v. State of Illinois, 996 N.E.2d 1057 (Ill. 2013) (Illinois Supreme Court: FOID Act restoration does not automatically eliminate federal firearms disability)
- McFatridge v. Madigan, 989 N.E.2d 165 (Ill. 2013) (mandamus standard: clear right, clear duty, and clear authority; mandamus compels only mandatory acts)
- People v. Lampitok, 798 N.E.2d 91 (Ill. 2003) (discusses how concurring/dissenting opinions can create holdings binding on appellate courts)