Johnson v. Department of State PoliceAnnotate this Case
The Department of State Police revoked Johnson’s Firearm Owner’s Identification (FOID) card under the Firearm Owners Identification Card Act (430 ILCS 65/8(n) due to her conviction for a misdemeanor involving domestic violence. That conviction prohibited her from possessing firearms under federal law. Johnson sought judicial relief. The circuit court held that section 922(g)(9) of the federal Gun Control Act of 1968, 18 U.S.C. 922(g)(9), and several provisions of the FOID Card Act, which incorporate that federal statute, were unconstitutional as applied to Johnson. The court ordered the Department to reissue Johnson’s FOID card. The Illinois Supreme Court affirmed the judgment on different grounds, vacating the circuit court’s findings that the state and federal statutes are unconstitutional as applied to Johnson. Under the federal Act, “civil rights” include firearm rights and Johnson fits an exemption for those who have had their “civil rights restored” following a conviction for misdemeanor domestic violence. Illinois’s regulatory scheme (430 ILCS 65/10(c)(1)-(3), which affirmatively provides for a “status-altering dispensation” under section 10 of the FOID Card Act sufficiently fulfills Congress’s intent to “defer to a State’s dispensation relieving an offender from disabling effects of a conviction.” Granting Johnson relief is not contrary to federal law.