UC Ingalls Addiction ad 728x90px 102621 1
State Supreme Court rules on pair of gun cases

State Supreme Court rules on pair of gun cases

By JERRY NOWICKI
Capitol News Illinois
[email protected]

SPRINGFIELD – In its latest round of opinions Thursday, the Illinois Supreme Court upheld a Village of Deerfield assault weapons ban and restored a Putnam County man’s right to a Firearm Owners Identification card over the objections of the Illinois State Police.

The decision in the Deerfield case was split 3-3, with Justice Michael Burke abstaining from the vote, meaning an appellate court’s ruling that allowed the ban was upheld as the final decision. Burke was part of the 2nd District Court of Appeals which heard the case previously.

The case centered around a narrow window written into a state’s amendment to the FOID Act in 2013, which allowed home rule municipalities to adopt stricter gun laws if they passed an ordinance within 10 days of the law’s effective date, July 9, 2013.

Deerfield did so within the law’s parameters, but the court was asked to decide whether the village’s 2018 amendment to its ordinance that banned civilian use of assault weapons and large capacity magazines was an extension of the 2013 action or a new law altogether.

In 2019, a Lake County judge ruled in favor of gun rights groups and Deerfield resident Daniel Easterday, who sued to block the ordinance and claimed it was in violation of the state’s FOID and concealed carry laws.

But the 2nd District Appellate Court later overturned that decision, ruling that the 2013 FOID amendment created “a hybrid balance of regulatory power between the state and local governments,” and “Deerfield preserved its power to regulate assault weapons concurrently with the state when it enacted its 2013 ordinance.”

While the Supreme Court agreed to hear the appeal, the 3-3 deadlock means the appellate court decision remains in effect.

Gun rights are civil rights

A 2020 ruling by the Illinois Supreme Court which declared gun rights to be civil rights was key to a Thursday decision which restored Putnam County man Thomas Brown’s right to a FOID card.

Brown was a FOID cardholder for several years, most recently applying for and being granted renewal in 2013. But in 2016, he tried to purchase a gun at a federal firearm licensee, leading the Illinois State Police to conduct a background check. That unearthed a 2001 conviction in California on a “misdemeanor offense of inflicting corporal injury on a spouse” that he did not disclose on his FOID application, according to a court filing.

California law provides that after a period of 10 years a person convicted of a misdemeanor can no longer be penalized for gun possession. Brown’s lawyers argued that because Brown was eligible to own a gun in California after 10 years, that means he had his “civil rights restored,” satisfying a specific exemption in federal law that allows for his gun ownership.

The court agreed, stating that “California law does not apply to Brown in a vacuum,” and he does not have to show an “affirmative statement of restoration” from the state of California in order to show that he had his civil rights restored.

The court dismissed ISP’s argument that that Brown should have sought a pardon from the California governor to receive an affirmative statement of restoration, stating Brown would have needed a pardon only if the firearm ownership prohibition was still in effect in California.

The fact that California does not consider gun ownership a civil right did not matter in this case, because, the court wrote, “this court unanimously concluded (in the 2020 Johnson case) that restoration of firearm rights under the FOID Card Act constitutes ‘civil rights restored’ for purposes of federal law”

It was necessary for Brown to show that he satisfied that exception in federal law, because the state’s FOID Act specifically states that granting relief to a person who is appealing their denial cannot be done in violation of federal law.

Outside of that question, the Supreme Court determined that the Putnam County court did not abuse its discretion in determining that Brown met all the other criteria to have his gun rights restored.

The Supreme Court noted it had to rule only on whether the circuit court abused its discretion in determining whether Brown met the criteria, which also state that an applicant must not be dangerous and that granting them a FOID card cannot be against the public interest.

“Again, our sole task is to determine whether the trial court’s decision was arbitrary, fanciful, or one that no reasonable person would make,” the court wrote. “Not only was the trial court’s decision not arbitrary, fanciful, or one that no reasonable person would make, it was well supported by the evidence.”

ISP had argued that granting Brown a FOID card would be against the public interest, citing his 2001 arrest, a 2005 DUI conviction in Bureau County, a 2005 arrest for battery in LaSalle County that did not lead to criminal charges, and a 1997 conviction for misdemeanor assault that occurred when he was a minor.

But the Supreme Court determined none of those cases indicated he would be a danger, particularly in light of a letter from Brown’s ex-wife, the victim of the 2001 incident, which indicated “that no weapon was involved in the incident, she was not injured, nor did she believe that Brown intended to injure her.”

The fact that Brown omitted the 2001 conviction from his 2013 FOID application could be overlooked as well, according to the court, because he was “under the impression that the charge in California was disposed of with court supervision and that, if he completed his sentence without incident, that was the last he would hear of the matter.”

Capitol News Illinois is a nonprofit, nonpartisan news service covering state government and distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.

Leave a Comment





Local News

Madelyn and Zachary Rodrigues are proud to hold an annual toy drive benefiting patients at Comer Children's Hospital at the University of Chicago. (Supplied photos)

Teen helps others despite brittle bone disease

Family toy drive benefits Comer Children’s Hospital By Kelly White Early on in her life, Madelyn Rodrigues was diagnosed with Osteogeneis Imperfects, a brittle bone disease that has already resulted in more than 70 bone fractures in her 14 years of life. As a freshman at Illinois Lutheran High School in Crete, Madelyn’s inner strength…

Peggy Zabicki

Thankful for the man who gave us Peanuts

By Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 Did you know that Charles M. Schulz, author of the Peanuts cartoon series, was born on Nov. 26, 1922? I’m thankful and grateful for his creativity, which has endured the test of time. His cartoon movie, A Charlie Brown Thanksgiving, was first…

Kathy Headley

Marquette Bank wants your opinions

By Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 So after eating the big Thanksgiving meal and maybe planning some weekend shopping, if you are a Marquette Bank customer, you might want to take the 2021 Customer Survey before it’s too late. The deadline is Nov. 30.…

Karen Sala

There are many Jewels, but ours shines brightest

By Karen Sala Your correspondent in Gage Park (773) 471-1429 • [email protected] Turkey Day is over, and now it’s time for leftovers! I enjoy leftovers from Thanksgiving dinner more than the original. Even though I went by my son’s, I still made my own turkey and sides. That way I have leftovers. I was watching TV…

Mary Stanek

The best is what’s left over

By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 284-7394 I hope everyone’s tummies are full of all that Thanksgiving goodness. In the words of actor and comedian Kevin James, “Thanksgiving, man. Not a good day to be my pants!” Now the best part about Thanksgiving being…

The late CPD Officer Ella French.

‘They tried to taint Ella’s legacy’

Aldermen furious with mayor, COPA chief By Tim Hadac The three aldermen representing Clearing and Garfield Ridge are among 20 City Council members opposing the appointment of Andrea Kersten as the next Chief Administrator of Civilian Office of Police Accountability. Kersten, the current interim chief of COPA, came under fire recently for releasing a report…

Screen Shot 2021-11-25 at 4.30.36 PM

Roadrunners are state volleyball champs

Snack With Santa is an event founded by longtime Garfield Ridge Chamber of Commerce President Mary Ann Dybala near 40 years ago. It offers a bit of Christmas cheer for children and underscores the local business community’s commitment to the neighborhood. --File photo

Holiday warmth is straight ahead

By Joan Hadac Your correspondent in Clearing and Garfield Ridge (708) 496-0265 • [email protected] Tomorrow is Thanksgiving Day, my favorite holiday of the year. I look forward to it because it’s all about family, whether it’s family of blood or heart or both. People actually slow down and catch up with each other. It’s not about…

GSWNH_CityLeadersVax_111921

Pushback over ‘conscience’ law change

Measure would close vax loophole By Peter Hancock Capitol News Illinois and Tim Hadac A number of Southwest Siders are pushing back against a new state law designed to clear the way for employers to enforce vaccination, testing and other mitigation measures to prevent the spread of COVID-19. The measure, Senate Bill 1169, amends the Illinois…

GSWNH_BFEDM2_111921

Back in their dancing shoes

  After the pandemic forced them off the stage for more than 20 months, the boys and girls of Ballet Folklórico Estrella del Mar donned their costumes and dancing shoes last week and performed for Big Shoulders Fund representatives visiting St. Mary Star of the Sea School in West Lawn. Founded in 2015 at the…

Neighbors

AladdinsBanquets WebAd
USALiquidators WebAd
Madelyn and Zachary Rodrigues are proud to hold an annual toy drive benefiting patients at Comer Children's Hospital at the University of Chicago. (Supplied photos)

Teen helps others despite brittle bone disease

Family toy drive benefits Comer Children’s Hospital By Kelly White Early on in her life, Madelyn Rodrigues was diagnosed with Osteogeneis Imperfects, a brittle bone disease that has already resulted in more than 70 bone fractures in her 14 years of life. As a freshman at Illinois Lutheran High School in Crete, Madelyn’s inner strength…

Peggy Zabicki

Thankful for the man who gave us Peanuts

By Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 Did you know that Charles M. Schulz, author of the Peanuts cartoon series, was born on Nov. 26, 1922? I’m thankful and grateful for his creativity, which has endured the test of time. His cartoon movie, A Charlie Brown Thanksgiving, was first…

Kathy Headley

Marquette Bank wants your opinions

By Kathy Headley Your correspondent in Chicago Lawn and Marquette Manor 6610 S. Francisco • (773) 776-7778 So after eating the big Thanksgiving meal and maybe planning some weekend shopping, if you are a Marquette Bank customer, you might want to take the 2021 Customer Survey before it’s too late. The deadline is Nov. 30.…

Karen Sala

There are many Jewels, but ours shines brightest

By Karen Sala Your correspondent in Gage Park (773) 471-1429 • [email protected] Turkey Day is over, and now it’s time for leftovers! I enjoy leftovers from Thanksgiving dinner more than the original. Even though I went by my son’s, I still made my own turkey and sides. That way I have leftovers. I was watching TV…

Mary Stanek

The best is what’s left over

By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 284-7394 I hope everyone’s tummies are full of all that Thanksgiving goodness. In the words of actor and comedian Kevin James, “Thanksgiving, man. Not a good day to be my pants!” Now the best part about Thanksgiving being…

The late CPD Officer Ella French.

‘They tried to taint Ella’s legacy’

Aldermen furious with mayor, COPA chief By Tim Hadac The three aldermen representing Clearing and Garfield Ridge are among 20 City Council members opposing the appointment of Andrea Kersten as the next Chief Administrator of Civilian Office of Police Accountability. Kersten, the current interim chief of COPA, came under fire recently for releasing a report…

Screen Shot 2021-11-25 at 4.30.36 PM

Roadrunners are state volleyball champs

Snack With Santa is an event founded by longtime Garfield Ridge Chamber of Commerce President Mary Ann Dybala near 40 years ago. It offers a bit of Christmas cheer for children and underscores the local business community’s commitment to the neighborhood. --File photo

Holiday warmth is straight ahead

By Joan Hadac Your correspondent in Clearing and Garfield Ridge (708) 496-0265 • [email protected] Tomorrow is Thanksgiving Day, my favorite holiday of the year. I look forward to it because it’s all about family, whether it’s family of blood or heart or both. People actually slow down and catch up with each other. It’s not about…

GSWNH_CityLeadersVax_111921

Pushback over ‘conscience’ law change

Measure would close vax loophole By Peter Hancock Capitol News Illinois and Tim Hadac A number of Southwest Siders are pushing back against a new state law designed to clear the way for employers to enforce vaccination, testing and other mitigation measures to prevent the spread of COVID-19. The measure, Senate Bill 1169, amends the Illinois…

GSWNH_BFEDM2_111921

Back in their dancing shoes

  After the pandemic forced them off the stage for more than 20 months, the boys and girls of Ballet Folklórico Estrella del Mar donned their costumes and dancing shoes last week and performed for Big Shoulders Fund representatives visiting St. Mary Star of the Sea School in West Lawn. Founded in 2015 at the…

House Ad Subscription1
CRR NH Obbies Pizza House Ad