Miller v. Department of State Police, 13 N.E.3d 150

Miller's FOID card was revoked Aug 27, 2004 for unlawful possession of a controlled substance and domestic battery under 8(n) and 18 U.S.C. 922(n).
Miller petitioned for relief under Firearm Owners Identification Card Act section 10(a) in 2011, arguing the revocation was not based on a present felony conviction and that he had completed probation, leaving no felony indictment at revocation time.
The circuit court ordered the Department to issue a FOID card on Jan 13, 2012, finding no federal prohibition due to the domestic-violence conviction and that substantial justice supported relief.
The Department sought relief from judgment via a 2-1401 petition in 2012, arguing lack of jurisdiction and federal/state prohibitions; Miller moved to dismiss, and the circuit court ultimately granted dismissal of the 2-1401 petition.
On appeal, the Department contends subject-matter jurisdiction hinged on the revocation basis; the court holds section 10(a) permits relief where revocation was based on being prohibited by federal law due to charges, not solely on a conviction, and affirms the circuit court’s order to issue a FOID card.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 10(a) grants circuit court jurisdiction when revocation is based on indictment rather than conviction	Miller argues jurisdiction rests on 10(a) since revocation was based on federal prohibition from charges, not a conviction	Department argues jurisdiction requires a conviction under 10(a) as interpreted in Schlosser	Circuit court had jurisdiction under 10(a) despite lack of conviction
Whether the Department's stated revocation basis controls jurisdiction	Miller contends the plain language governs; no limit to conviction requirement	Department relies on Schlosser that stated basis controls jurisdiction	Statutory text controls; jurisdiction exists if revocation is based on enumerated grounds, including being barred by federal law due to charges
Whether the 2-1401 petition properly challenged the judgment	Miller contends the petition sought relief from judgment and proper under 2-1401	Department argued lack of subject-matter jurisdiction and procedural issues	Not necessary to decide; the court affirms the underlying circuit court order granting relief under 10(a)

Schlosser v. State of Illinois, 2012 IL App (3d) 110115 (2012 IL App (3d) 110115) (discussed whether revocation basis controls jurisdiction under §10(a))
Williams v. State of Illinois, 348 Ill. App. 3d 656 (2010) (holds §10(a) encompasses denials based on enumerated offenses, not limited to convictions)
Coram v. State of Illinois, 2013 IL 113867 (2013 IL 113867) (addresses restoration of FOID rights for domestic battery convictions)