CHICAGO HANDGUN OWNER Posted February 23, 2020 at 02:56 PM Share Posted February 23, 2020 at 02:56 PM I know that in Cook County Kim Fox was going to expunge the records of several thousand people previously charged with cannabis possession now that the law has changed. Does anyone know if there are also expungements taking place for past Foid carry charges after the Otis McDonald court case? Link to comment Share on other sites More sharing options...
mauserme Posted February 23, 2020 at 03:08 PM Share Posted February 23, 2020 at 03:08 PM Your question assumes people were charged for transporting a firearm in the way the law prescribes. I'm not sure that's been happening, not on a widespread basis at least. But, since McDonald v Chicago wasn't about FOID carry, there probably wouldn't be any expungements based on that case. Link to comment Share on other sites More sharing options...
2A4Cook Posted February 23, 2020 at 04:02 PM Share Posted February 23, 2020 at 04:02 PM I don't think Neanderthal Head would bother be equal in her efforts to use government resources to further her political agenda. Are lawful gun owners a substantial part of her base, as are criminal drug offenders? What kind of racist, misogynistic, homophobic, terrorist, xenophobic skinhead are you? (I'd say purple, but there are certainly leftist whack jobs monitoring this site and thinking exactly that.) Link to comment Share on other sites More sharing options...
Magnum Posted February 23, 2020 at 04:30 PM Share Posted February 23, 2020 at 04:30 PM OP- not that I've heard about. I doubt the state is wanting to make Illinois gun ownership easier.Also since cannabis is federally illegal I believe even legal purchase of cannabis may disqualify someone from legal gun ownership in the eyes of the federal government. A slippery slope either way, but I'm not very educated on the ins and outs of it all as I have no interest in taking advantage of the new law. Link to comment Share on other sites More sharing options...
Bubbacs Posted February 23, 2020 at 04:39 PM Share Posted February 23, 2020 at 04:39 PM Expunging a cannabis conviction in and of itself would not trigger an automatic access to a FOID now.The cannabis conviction could have included “other” charges also.Plus past mental/domestic issues. You ask a lot of what if’s and why fore’s so the variables here are also in play And with that I’ll back out of this rabbit hole early..... Link to comment Share on other sites More sharing options...
Bitter Clinger Posted February 23, 2020 at 05:28 PM Share Posted February 23, 2020 at 05:28 PM I've always wondered about this. Back before the CCW law was around, I knew someone who used to keep a loaded revolver between the seats in his car because his job reqired him to drive in bad neighborhoods. He ended up getting stopped one day and the gun was found, so he was arrested and charged with UUW. I think some jail time was involved and of course he can never get a FOID now. Since ban on any form of carry was found to be unconstitutional, is there a way this guy can get these charges expunged and possibly reimbursed some damages for the jail time and loss of his gun? Link to comment Share on other sites More sharing options...
THE KING Posted February 23, 2020 at 05:48 PM Share Posted February 23, 2020 at 05:48 PM I've always wondered about this. Back before the CCW law was around, I knew someone who used to keep a loaded revolver between the seats in his car because his job reqired him to drive in bad neighborhoods. He ended up getting stopped one day and the gun was found, so he was arrested and charged with UUW. I think some jail time was involved and of course he can never get a FOID now. Since ban on any form of carry was found to be unconstitutional, is there a way this guy can get these charges expunged and possibly reimbursed some damages for the jail time and loss of his gun?Look at the Agular case. It was a case involving the AG UUW statute. The case was from 2013 I believe. The AG UUW statute was found facially unconstitutional by the Illinois supreme court. Link to comment Share on other sites More sharing options...
Bitter Clinger Posted February 23, 2020 at 08:54 PM Share Posted February 23, 2020 at 08:54 PM I've always wondered about this. Back before the CCW law was around, I knew someone who used to keep a loaded revolver between the seats in his car because his job reqired him to drive in bad neighborhoods. He ended up getting stopped one day and the gun was found, so he was arrested and charged with UUW. I think some jail time was involved and of course he can never get a FOID now. Since ban on any form of carry was found to be unconstitutional, is there a way this guy can get these charges expunged and possibly reimbursed some damages for the jail time and loss of his gun?Look at the Agular case. It was a case involving the AG UUW statute. The case was from 2013 I believe. The AG UUW statute was found facially unconstitutional by the Illinois supreme court. Thanks for the info. I will check it out! Edit: I found this:https://en.wikipedia.org/wiki/People_v._Aguilar It's still not really clear about what remedy, if any can be made for someone, who wasn't a minor or apparent gangbanger like Agular, but who was still arrested and convicted of UUW prior to the CCW law. It says that some pending UUW cases would be considered for possible dismissal due to the ruling, but that's about it. I'll still do some searching. Link to comment Share on other sites More sharing options...
firepiper Posted February 24, 2020 at 12:49 AM Share Posted February 24, 2020 at 12:49 AM I've always wondered about this. Back before the CCW law was around, I knew someone who used to keep a loaded revolver between the seats in his car because his job reqired him to drive in bad neighborhoods. He ended up getting stopped one day and the gun was found, so he was arrested and charged with UUW. I think some jail time was involved and of course he can never get a FOID now. Since ban on any form of carry was found to be unconstitutional, is there a way this guy can get these charges expunged and possibly reimbursed some damages for the jail time and loss of his gun? In my non lawyer theory it should be feasible to request an order to vacate conviction based on Moore/Shepard v Madigan if he would have been eligible to carry at that time... But again that’s just me ... Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
Molly B. Posted February 24, 2020 at 05:02 AM Share Posted February 24, 2020 at 05:02 AM In my non lawyer theory it should be feasible to request an order to vacate conviction based on Moore/Shepard v Madigan if he would have been eligible to carry at that time... But again that’s just me ... Sent from my iPhone using Tapatalk I know of a number of people who have done this and had convictions vacated based on People v. Aguilar, 2013 IL 112116 Link to comment Share on other sites More sharing options...
CHICAGO HANDGUN OWNER Posted February 27, 2020 at 02:00 PM Author Share Posted February 27, 2020 at 02:00 PM Yes when laws change those people who have been previously charged should be able to expunge their records. I wonder if this will apply to sports gambling when it becomes legal in Illinois? Link to comment Share on other sites More sharing options...
Bitter Clinger Posted February 28, 2020 at 11:33 AM Share Posted February 28, 2020 at 11:33 AM If a legitimate law says one thing one day and someone is convicted of breaking it, but then the next day the same law is repealed, I think the people that broke the law when it was in effect are still convicted. At least I think that's how it generally works. In the case of carrying a firearm, I think it might different since the law prohibiting carrying firearms was unconstitutional, so therefore it was never a legitimate law, but an unconstituional and illegal rule which violated people's civil rights. Do I have that correct, or no? Link to comment Share on other sites More sharing options...
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