38 replies to this topic

[Molly B.]

She filed the lawsuit herself and after a few years in it became complicated and needed legal help.

[mab22]

So who stepped in to assist when it became complicated?

[Molly B.]

We were in contact with David Jensen through working with him on Moore vs Madigan. When we discussed what was going on with Shawna's case, he said he was intetested in taking a look at it.

[Jwolf]

Does this mean the questions concerning misdemeanor domestic violence convictions will be removed from the FOID/CCL applications? Will this have any effect on the ATF 4473 form? How can they do this without repealing the Lautenberg amendment? 

[Flynn]

Does this mean the questions concerning misdemeanor domestic violence convictions will be removed from the FOID/CCL applications? Will this have any effect on the ATF 4473 form? How can they do this without repealing the Lautenberg amendment? 

 

The issue here is that it was charged as domestic but eventually plead down to simple (non-domestic) battery to avoid the domestic conviction.

Edited by Flynn, 09 February 2020 - 03:58 PM.

[Molly B.]

Another issue is that the Illinois Supreme Court has recognized the whole civil rights restored does indeed include the right to keep and bear arms. Federal laws/courts recognizes civil rights can be restored by the states. Now Illinois should have a recognized means of restoring civil rights after a domestic misdemeanor conviction.

[Molly B.]

Does this mean the questions concerning misdemeanor domestic violence convictions will be removed from the FOID/CCL applications? Will this have any effect on the ATF 4473 form? How can they do this without repealing the Lautenberg amendment?

I don't believe it will be entirely stricken from the application. I believe the ilga will add something similar to the others listed, "have you been convicted of a domestic misdemeanor in the past five years?"

And maybe require an appeal to ISP or circuit Court but will recognize/accept the result of the appeal.

[bigdudez25]

I found this through research on behalf of several other people. How would they go about appealing or petitioning the courts?

[Molly B.]

They need a copy of the revocation/denial letter so if they have not applied for a FOID and received such a letter, they should probably apply first. Filing for a gubernatorial pardon would probably be next. They do not have to wait on the pardon to proceed with petitioning the circuit court in the county where they live.  I'll send you a private message.