2024 IL App (1st) 230952
Ill. App. Ct.2024Background
- Eduardo Paramo was charged in Cook County, Illinois, with unlawful possession of a firearm without a valid Firearm Owner’s Identification (“FOID”) card under 430 ILCS 65/2(a)(1).
- Police stopped Paramo after receiving a report that a man had a gun; Paramo’s car had expired Illinois plates and he admitted possession of a nonfunctional .22 caliber firearm (TEC-22) during the stop.
- The firearm was unloaded and missing a required part, rendering it inoperable, but Paramo referred to it as a .22 and stated it did not “work.”
- Paramo did not have a FOID card or Illinois identification and presented only a Mexican ID to police.
- He was convicted in a bench trial and sentenced to one day of supervision. Paramo appealed on grounds addressing statutory interpretation, sufficiency of the evidence, and constitutionality of the FOID Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of FOID Act Section 2(d) Exemption | State does not need to disprove exemption; burden is on Paramo | Paramo claims he is exempt because he never got an IL driver’s license/ID, so grace period never started | Exemption not established by Paramo; State not required to negate exemption beyond reasonable doubt |
| Definition of “Firearm” | Inoperability from missing part does not alter firearm status | TEC-22 was not a firearm due to intentional inoperability | TEC-22 still meets definition; design, not current operability, determines status |
| Knowledge of Possession | Paramo knowingly possessed, referred to firearm, and handed it to police | He did not knowingly possess a "firearm" as defined by law | Evidence sufficient to find knowledge beyond reasonable doubt |
| Constitutionality of FOID Act | Act is constitutional under Second Amendment post-Bruen | Act violates Second Amendment rights | FOID Act is constitutional |
Key Cases Cited
- People v. Close, 238 Ill. 2d 497 (Ill. 2010) (exception within criminal statute as element vs. matter of defense)
- People v. Tolbert, 2016 IL 117846 (Ill. 2016) (burden on defendant for exemptions under FOID Act)
- People v. Gutman, 2011 IL 110338 (Ill. 2011) (statutory interpretation principles)
- People v. Collins, 106 Ill. 2d 237 (Ill. 1985) (standard for sufficiency of criminal evidence)
- People v. Williams, 394 Ill. App. 3d 286 (Ill. App. Ct. 1st Dist. 2009) (firearm definition does not require operability)
- People v. Gunn, 2023 IL App (1st) 221032 (Ill. App. Ct. 1st Dist. 2023) (FOID Act constitutional after Bruen)