On September 2, 2021, the Illinois Supreme Court issued its Opinion in Evans v. Cook County State’s Attorney. The Court reversed an appellate ruling that Section 10 of the FOID Card Act could never be used to restore the firearm rights of felons because of its interplay with the federal felon-in-possession prohibition, and because of the way the State law was written. The Firm was one of the counsel representing Mr. Evans at the Illinois Supreme Court. The Illinois State Rifle Association also supported Mr. Evans.
The Court reiterated that firearm rights are civil rights, and ruled that restoration of firearm rights under state law also removed the federal prohibition and satisfied the federal statute. This ruling is a major victory for those with records they have strived to overcome, who simply seek an avenue to prove it and restore their rights. Had the Court ruled the other way, the path to restoration would been blocked completely. Indeed, many such restoration Petitions throughout the State have been stayed (frozen) while waiting for the Court to rule in Evans. With the Court’s ruling, those Petitioners may now move forward with their claims.
Unfortunately, the Court also felt constrained to uphold the trial court which ruled against Mr. Evans, even though there was no hearing where Mr. Evans could have presented evidence. The Court noted that with the information learned from this case, plus the additional passage of time, Mr. Evans (who demonstrated in many ways throughout this case his rehabilitation through family, running his own business, etc.) may bring a new Petition.
Besides the important ruling regarding felon restoration rights in general, this case is a cautionary tale that if you are going to bring a Section 10 Petition to restore your FOID rights (regardless of the reason for the FOID denial or revocation) you must make sure to present all evidence in your favor to the court, including demanding a hearing and testifying and presenting any witnesses. It is the only chance you will get to do so.
The Firm can help make sure you put your best foot forward, so call for a consultation.
The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.
