This looks like a good ruling. US 922(g) provides no way for a DV misdemenant to recover their 2A rights even after the 20 years as required by IL law.
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Coram v IL
Started by
Federal Farmer
, Sep 12 2013 08:36 AM
6 replies to this topic
#1
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David Lawson
Posted 12 September 2013 - 08:36 AM
--George OrwellPeople sleep peaceably in their beds at night only because rough men [and women] stand ready to do violence on their behalf.
-- Certified something-or-other by various organizations and governmental entities.
#2
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IllinoisCarry spokesperson
Posted 12 September 2013 - 09:14 AM
This is a HUGE win and should help 100s of people who have had recent revocations of their FOID cards because of the new regulation beginning this last January. In many instances the misdemeanor convictions are decades old and the FOID card holder would never have settled for the conviction if they had known down the road they could lose their gun rights for life.
This is a good day!
This is a good day!
"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
#3
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Member
Posted 12 September 2013 - 09:15 AM
Am I right in reading this, if he had served jail time there would be a path for him to recover his right, but since he had a clean background he didn't have to serve jail time, thus no path to have his rights restored?
#4
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IllinoisCarry spokesperson
Posted 12 September 2013 - 09:17 AM
As unbelievable as it is, yes, you are reading it correctly.
"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
#5
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Contributing Member in Arrears
Posted 12 September 2013 - 09:26 AM
Not just any misdemeanor but a domestic battery charge,
“Most gun control arguments miss the point. If all control boils fundamentally to force, how can one resist aggression without equal force? How can a truly “free” state exist if the individual citizen is enslaved to the forceful will of individual or organized aggressors?
It cannot.”
― Tiffany Madison―
#6
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Member
Posted 12 September 2013 - 09:27 AM
Looks good so far, have to see the fallout... I have friend that is dealing with this, he was convicted of misdemeanor assault (not domestic), and IL says he can 'technically' get his FOID back under IL law but since the Feds decided it was a domestic charge/conviction he is bared for life and the FOID will be denied under Federal law...
Edited by RockerXX, 12 September 2013 - 09:28 AM.
What weighs six ounces, sits in a tree and is very dangerous?
A sparrow with a machine gun!
#7
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Posted 17 February 2014 - 10:29 AM
Another Heller ie: Catch-22.
quote]When I joined, I swore to uphold and defend the Constitution. I've never been relieved of that oath.[[/quote]
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