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Pournaras v. People


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#1 Molly B.

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Posted 28 February 2019 - 11:19 AM

http://illinoiscourt...ict/3170051.pdf

 

A win for the Second Amendment in IL Appellate Court. Plaintiff is an IllinoisCarry member.  Thank you Kosta!

 

Key points:

 

By  virtue  of  completing  his  sentence,  petitioner  had  his  civil  rights  restored  within  the meaning  of  the  Gun  Control  Act. Id.  Therefore,  petitioner  utilized  an  exception  to  remove himself from disqualification under  federal law.  Under  a proper  reading  of the Gun Control Act, we hold petitioner should be allowed to obtain a FOID card because we find he has met all of the statutory requirements. See 430 ILCS 65/10© (West 2014).

 

This result also avoids an absurd application of the law. See Coram, 2013 IL 113867, ¶ 57 (“In the construction of our statutes, this court presumes that the legislature did not intend to create absurd, inconvenient, or unjust results.”). To find petitioner never had his civil rights removed  so  as  to  prevent  them  from  being  restored  would  disproportionately  punish  a  less serious  offender.  The  State’s  argument  is  that  if  petitioner’s  crimes  were  of  a  sufficient magnitude, to require, say, a sentence of five years’ imprisonment, there would be no question whether his civil rights were restored. The proposition fails on its face because a sentence of probation is no less of a sentence or legal obstacle than incarceration, at least with respect to holding office or sitting on a jury.   ¶ 18Assuming  no  intervening  disqualifying  events  and  in  light  of  the  trial  court’s  other findings, we remand with directions for the trial court to direct the Department of the Illinois State Police to issue petitioner a FOID card.

 

 


 

 

I do expect the IL Attorney General to appeal this case to the IL Supreme Court thought, so the battle may not be over.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#2 lockman

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Posted 28 February 2019 - 11:27 AM

​ his privilege to obtain a FOID card

 

 

So Illinois conciders a prerequisite document to exersize your fudamental rights a 'privilege'? 


"We must, indeed, all hang together, or most assuredly we shall all hang separately."
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#3 Penumbra1811

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Posted 28 February 2019 - 12:03 PM

I'm basically in the same boat here a few felonies over twenty 23 years ago and no illegal trouble since then. A burglary and a forgery with no forcable felony. They dropped the residential burglary to theft over and was denied my Foid. Went to Circuit Court and was denied because of these felonies and was told I didn't exhaust all my options but now I've been in appeals with ISP for over a year. I was summoned twice if not three times for jury duty but wasn't picked. Seems to me they just pick and choose who gets the Foid Card it's so frustrating. This was all in Macon County no reason why I shouldn't be allowed my card. I'm not a danger to people or myself and I have obeyed all laws with out getting into trouble besides a minor traffic violation, went to college got my CDL. I have raised a family own everything I have and have a good job. I want my right restored to hunt, target shoot and protection.

#4 Kosta

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Posted 28 February 2019 - 12:10 PM

Kankakee il

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#5 Penumbra1811

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Posted 15 March 2019 - 06:56 AM

I have hired Mr. O'Brien to take my case and is drawing up the petition. Hopefully it goes well because I meet all the requirements.

#6 Kosta

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Posted 15 March 2019 - 09:03 AM

He is a good attorney.

#7 chemical operator1

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Posted Today, 12:02 AM

I have hired Mike Donahue.....he talked about this case too. Didnt want to write up my case until this was published as precedent. Hopefully the outcome will be the same. FINGERS CROSSED!






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