Evans v. Cook County State's Attorney
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In 1994, Evans was convicted of Class 2 felony manufacture or delivery of a controlled substance and Class X felony manufacture or delivery of more than 15 grams of cocaine. In 2018, Evans applied to the Illinois State Police for a Firearm Owner’s Identification (FOID) card. The Police denied the request, explaining that in Illinois, felons are prohibited from owning firearms under section 24-1.1(a) of the Criminal Code. The circuit court rejected Evans’s petition to have his firearm rights restored under section 10(c) of the Firearm Owners Identification Card Act, reasoning that federal law, the Gun Control Act, 18 U.S.C. 922(g)(1), barred Evans from obtaining a FOID card and that Evans had not established that issuing him a FOID card would not be contrary to the public interest. The Appellate Court affirmed.
The Illinois Supreme Court affirmed. If a convicted felon can establish the requirements of section 10(c)(1)-(3), he has his civil rights restored and may be granted relief that is not contrary to federal law, which includes a “civil rights restored” exception. Evans failed to meet his burden of establishing that granting him relief would not be contrary to the public interest. The court noted that nothing in the statute precludes Evans from filing another petition to remove his firearm disability. Evans now knows why his previous submissions were found lacking and can bolster his submissions.
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