Johnson v. Department of State Police, 161 N.E.3d 161

In 2001 Johnson pleaded guilty to misdemeanor battery against her then‑husband; she received a conditional discharge and was ordered not to possess firearms.
She obtained a FOID card in 2010 but later was denied purchase of a handgun when the Department concluded her 2001 conviction qualified as a "misdemeanor crime of domestic violence."
The Department revoked her FOID card under 430 ILCS 65/8(n) based on the federal prohibition in 18 U.S.C. § 922(g)(9).
Johnson petitioned under Illinois FOID § 10; after an evidentiary hearing the circuit court found she met § 10(c)(1)–(3) and held the federal ban and related state provisions unconstitutional as applied, ordering reinstatement.
The Illinois Supreme Court granted direct review and affirmed the reinstatement on statutory grounds: it held that Illinois § 10 relief constitutes "civil rights restored" under 18 U.S.C. § 921(a)(33)(B)(ii), so granting relief is not contrary to federal law; the court vacated the circuit court’s constitutional rulings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Illinois FOID § 10 restoration qualifies as "civil rights restored" under 18 U.S.C. § 921(a)(33)(B)(ii)	Johnson: § 10 is an affirmative, status‑altering restoration of firearm rights and thus fits the federal "civil rights restored" exception	Dept: "Civil rights" historically means voting, office, jury; Johnson lost none of those rights, so exception doesn't apply	Court: "Civil rights" includes the right to keep and bear arms; Illinois § 10 restoration is a qualifying status‑altering restoration
Whether granting FOID relief would be contrary to federal law and whether state/federal provisions are unconstitutional as applied	Johnson: Exception applies, so relief is consistent with federal law; constitutional ruling unnecessary	Dept: Federal § 922(g)(9) and state provisions bar issuance; statutes valid	Court: Granting relief is not contrary to federal law; affirmed order to reissue FOID; vacated circuit court's constitutional findings

Logan v. United States, 552 U.S. 23 (2007) (explains "civil rights restored" as status‑altering dispensation)
District of Columbia v. Heller, 554 U.S. 570 (2008) (recognized individual right to keep and bear arms)
McDonald v. City of Chicago, 561 U.S. 742 (2010) (applies Second Amendment to states via Fourteenth Amendment)
United States v. Hayes, 555 U.S. 415 (2009) (defining reach of § 922(g)(9))
United States v. Castleman, 572 U.S. 157 (2014) (interpreting "use of physical force" element for misdemeanor domestic violence)
Coram v. State, 2013 IL 113867 (Ill. 2013) (prior Illinois decisions addressing FOID restoration and federal interplay)