State Supreme Court rules on pair of gun cases
By JERRY NOWICKI
Capitol News Illinois
jnowicki@capitolnewsillinois.com
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.
Local News
Boys Volleyball | Stagg ends Marist Invite with win over Riverside-Brookfield
Spread the loveBy Jason Maholy Sports Editor Stagg outlasted Riverside-Brookfield in a marathon first set, winning 36-34, then followed that with a 25-20 clincher on March 23 to finish seventh in the Silver divison at the 20th Marist RedHawks Invitational. The Chargers went 2-3 in the tournament. They opened pool play on March 22 at…
Boys Volleyball | Shepard finishes 4th in Bronze at Marist Invite
Spread the loveShepard served as one of three host sites for the 20th Marist RedHawks Invitational, and kicked off play in Palos Heights by facing Lincoln-Way East on March 22. The Griffins defeated the Astros, 25-10, 25-15. Marian Catholic beat Shepard, 25-23, 25-9, in the Astros’ second match of the day. The Astros fell to…
Obbie’s Pizza to stay ‘unique and delicious’
Spread the love. New owner vows to serve same popular menu . By Tim Hadac Archer Avenue’s long-time king of pizzerias will continue to rule. Same recipes at Obbie’s Pizza, 6654 W. Archer. Same pizza and ingredients. Same pasta, broasted chicken, shrimp, perch, Italian beef/sausage/meatball sandwiches, sides and pop. Same seasoned, Middleby Marshall pizza oven…
Countryside City Council tackles long list of items
Spread the loveBy Steve Metsch Water leaks, a new truck and abandoned vehicles were among a laundry list of items tackled by the Countryside City Council at its latest meeting. They were all from the infrastructure committee chaired by Ald. Mark Benson (3rd). All of the following were approved by a unanimous 6-0 vote on…
Argo High School holds Iftar Dinner for community
Spread the loveBy Carol McGowan More than 100 people gathered at Argo Community High School last week for a now annual Ramadan Iftar dinner organized by Argo teacher Nadia Elkhatib. Elkhatib was happy with the turnout for those coming Thursday night to break bread with the school’s Muslim students and their families. “I will continue…
Pool improvements advance in Palos Heights
Spread the loveBy Nuha Abdessalam Palos Heights aldermen last week approved contracts advancing improvements at the municipal pool. Alderman Jefry Key motioned for approval of a letter of agreement with the American Institute of Architects between Williams Architect and the City of Palos Heights for the pool improvement project. Since first proposing pool improvements in…
Teens enjoy Green Hills karaoke party
Spread the loveBy Nuha Abdessalam Palos Hills tweens and teens sang their hearts out for karaoke night at a neighborhood coffee house. Green Hills Library invited all tweens and teens for a karaoke night at Strange Brew Cafe on West 103rd Street and 87th Street on Feb. 22. Organized by Green Hill Library Youth Program…
Cervantinos Authentic Mexican Restaurant opens in Palos Heights
Spread the loveBy Kelly White When choosing a location for his second business location, Luis Garcia knew he wanted it to be Palos Heights. “I absolutely love it here,” Luis Garcia, of Oak Forest and the owner and chef of Cervantinos Authentic Mexican Restaurant #2, said. “It’s a great area, nice clientele and I’m happy…
Worth Polar Plunge raises record amount
Spread the loveBy Joe Boyle The FOP Worth Polar Plunge has been deemed a major success and local officials said the amount raised has set a new record. The annual event, sponsored by the Worth Police Department, took place in a large swimming pool that was put up in the parking lot of the Marrs-Meyer…
Green Hills Public Library hosts Eid Clothing Drive
Spread the loveBy Kelly White The Islamic calendar has two major holidays each year: Eid al-Fitr, which marks the end of Ramadan and celebrates an entire month of fasting, and Eid al-Adha, the festival of the sacrifice that occurs during the culmination of the Hajj pilgrimage season. It takes place two lunar months after Ramadan.…
Neighbors
Police Blotter
Spread the loveCHICAGO RIDGE DUI Orlando De La Rosa, 32, of Berwyn, was charged with driving under the influence of alcohol following a traffic stop at 2:29 a.m. March 8 in the 9200 block of South Harlem Avenue. Police said he failed field sobriety tests and refused to submit a breath sample. He was also…
Oak Lawn seeks participants for Fourth of July parade
Spread the loveBy Joe Boyle It may be spring, but it is not too early to talk about a summer parade. The Oak Lawn Village Board approved a resolution Tuesday morning authorizing the submission of a permit request to the Illinois Department of Transportation for the 2024 Fourth of July Parade. The resolution approves the…
Sandburg welcomes new associate principal of instruction
Spread the loveConsolidated High School District 230 Board of Education is welcoming Dr. Veronica Shaw to Carl Sandburg High School as its new Associate Principal of Instruction. She begins July 1 and replaces Anita Huffman who was recently appointed as District 230’s Assistant Superintendent of Instructional Services. With ample education leadership experience, Shaw is currently…
Residents warm up to Hills Chamber Business Expo
Spread the loveBy Joe Boyle Spring has arrived but winter continues to leave its calling card. However, that did not prevent the Hills Chamber of Commerce from holding its 10th annual Business and Community Expo Saturday at Conrady Junior High School in Hickory Hills. While the temperatures were frigid and windy outside, the spirit inside…
Palos Park to tweak outdated village zoning codes
Spread the loveBy Jeff Vorva The village of Palos Park has no grand plan to change the village landscape. But officials want to modernize some of its zoning codes. “The village has not comprehensively updated its development regulations since 1960,” Mayor Nicole Milovich-Walters said at the March 25 village council meeting. “Due to this, there…
SD122 psychologist resigns over Islamophobic posts
Spread the loveBy Nuha Abdessalam A psychologist for Ridgeland School District 122 has resigned after hundreds of parents demanded she be fired for social media posts that were pro-Israeli and anti-Palestinian. District Supt. Joseph Matise announced at a schoolboard meeting last week that Dr. Laurie Hoke had resigned. “Dr. Hoke will no longer be working…
Will the month of March leave like a lion?
Spread the love. By Mary Stanek Your correspondent in Archer Heights and West Elsdon 3808 W. 57th Place • (773) 517-7796 . The days are getting longer and slightly warmer. But my prediction of a few weeks ago–March is certainly not leaving like a lamb–may prove to be correct. A sure sign of spring in…
Robin sighting a sign of new beginnings
Spread the love. By Peggy Zabicki Your correspondent in West Lawn 3633 W. 60th Place • (773) 504-9327 . I saw a robin the other day. This was the first sighting of the season for me. I remember my mom saying that the first robin of spring is a promise of new beginnings. May it be so. Is…
Thome sweet Thome: Nazareth baseball defeats Hall of Famer Jim Thome’s alma mater
Spread the loveBy Jeff Vorva Correspondent The Nazareth baseball team took a road trip to the middle of Illinois and improved its record to 7-0 on March 23 by beating Limestone, 6-0. Limestone is the alma mater of former White Sox player and Baseball Hall of Fame member Jim Thome, who is an assistant coach…