Odle v. The Department of State Police
43 N.E.3d 1223
Ill. App. Ct.2015Background
- Joshua Odle pled guilty (Dec. 2011) to misdemeanor battery after the State dismissed domestic-battery and aggravated battery of a child counts in exchange for his plea; he was placed on probation.
- Illinois State Police revoked Odle’s FOID card (Aug. 2012), stating the revocation was based on a battery conviction arising from a domestic-violence incident, making him ineligible under state and federal law.
- Odle filed a petition (Mar. 2013) in Williamson County circuit court seeking restoration of his FOID card under section 10 of the FOID Act; he named the State Police as respondent but served only the county State’s Attorney.
- The circuit court granted relief and ordered issuance of a FOID card after finding substantial justice had not been done and that relief would not be contrary to federal law.
- Illinois State Police moved to vacate (for lack of service, failure to exhaust administrative remedies, and because federal law prohibits issuance); the court denied the motion; State Police appealed.
- The appellate court (5th Dist.) denied Odle’s motion to correct the caption/misnomer and to dismiss the appeal, then reversed the circuit court’s order.
Issues
| Issue | Odle’s Argument | State Police’s Argument | Held |
|---|---|---|---|
| Whether petitioner exhausted administrative remedies before filing in circuit court | Odle: Circuit court review was proper because revocation was based on the domestic nature of the offense, permitting circuit-court petition under FOID Act §10 | State Police: Because conviction was for battery (not enumerated offenses), Odle had to first appeal to the Director of State Police | Held: Odle could proceed in circuit court because the revocation was based upon the domestic nature of the battery; exhaustion requirement did not bar court review |
| Whether misnomer/mistaken identity of respondent requires dismissal or correction | Odle: He intended to name the county State’s Attorney; misnomer may be corrected and appeal dismissed because State Police lacked standing | State Police: The petition named the State Police; it has standing and may appeal | Held: Motion to correct misnomer denied; State Police has standing to appeal whether or not originally served |
| Whether circuit court could order State Police to issue FOID card notwithstanding federal prohibition (post-2013 FOID Act amendment) | Odle: Coram controls; courts retain authority to grant relief even if petitioner is federally prohibited; statutory amendment does not change Coram’s result | State Police: 2013 amendments require courts to find relief would not be contrary to federal law and prohibit ordering issuance if federal law bars possession | Held: The 2013 amendments changed the law; courts may not order issuance of a FOID card if petitioner is prohibited under federal law; circuit court erred |
| Second Amendment challenge to perpetual prohibition | Odle: Lifetime prohibition (because Illinois misdemeanants have no civil-rights restoration mechanism) can be unconstitutional | State Police: Constitutional challenge was not raised below and is forfeited; prohibitions have been upheld as reasonable | Held: Claim forfeited; even on merits would fail because Odle is not a long-term law-abiding, differently-situated claimant needed for an as-applied challenge |
Key Cases Cited
- United States v. Hayes, 555 U.S. 415 (supersedes narrow-element requirement for domestic-violence misdemeanor)
- District of Columbia v. Heller, 554 U.S. 570 (Second Amendment rights are not unlimited)
- United States v. Skoien, 614 F.3d 638 (7th Cir.) (upholding §922(g)(9) as applied and discussing recidivism/public-safety rationale)
- Coram v. State of Illinois, 2013 IL 113867 (Ill.) (interpreting pre-amendment FOID Act relief; discussed effect of 2013 amendments)