Willis v. The Macon County State's Attorney
413 Ill. Dec. 431
| Ill. App. Ct. | 2016Background
- Willis challenged a FOID-card revocation by the State Police in Macon County, seeking issuance of a FOID card despite federal prohibitions.
- The State Police intervened and argued Willis was federally prohibited from possessing a firearm due to a 1978 battery conviction.
- The circuit court initially ordered the State Police to issue a FOID card to Willis; the State Police sought to vacate that order.
- The State Police later appointed Schmitz as Director; contested contempt hearings ensued over the continued issuance/validity of Willis's FOID card.
- The circuit court held Schmitz in contempt in May 2015, imposing daily fines and ordering attorney-fee reimbursement to Willis; the State Police appealed.
- The appellate court reverses, holding the contempt finding and sanctions improper under the governing FOID Act amendments and case law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Director was in contempt for not issuing an unrestricted FOID card | Willis | State Police | No contempt; order did not require removal of federal prohibitor. |
| Whether the court could remove or override federal prohibitions via implied terms or statutory amendments | Willis (relying on Coram and implied terms) | State Police | Amendments preclude removal of federal prohibitors; Coram dicta not controlling; contempt cannot stand. |
| Whether the May 2015 contempt judgment was against the manifest weight of the evidence | Willis | State Police | Judgment reversed; evidence did not support contempt under the 2013 amendments. |
Key Cases Cited
- Connour v. Grau, 2015 IL App (4th) 130746, 35 N.E.3d 244 (2015 IL App (4th) 130746) (restoration of FOID rights does not remove federal disability)
- Walton v. Illinois State Police, 2015 IL App (4th) 141055, 39 N.E.3d 1095 (2015 IL App (4th) 141055) (2013 amendments prohibit removing federal prohibitors)
- Coram v. State of Illinois, 2013 IL 113867, 996 N.E.2d 1057 (2013 IL) (addressed FOID Act amendments and implied terms (dicta))
- People v. Frederick, 2015 IL App (2d) 140540, 40 N.E.3d 63 (2015 IL App (2d) 140540) (applies 2013 amendments to FOID Act when prohibiting conduct)
- O’Neill v. Director of the Illinois Department of State Police, 2015 IL App (3d) 140011, 28 N.E.3d 1020 (2015 IL App (3d) 140011) (FOID Act interpretations post-amendments)