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Snedeker v. Will Co State's Attorney's Office - Non-resident Restoration of Rights


Molly B.
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Snedeker v. Will County State's Attorney's Office

IL Third District Appellate Court rules against restoration of firearm rights for non-residents who live out-of-state and need to restore their firearm civil rights in Illinois.  Even though there is an ISP rule directing non-residents to appeal in the county in which the conviction took place, this opinion says no relief can be granted to non-residents, which means that anyone with an IL domestic conviction or other prohibitor that requires a court petition for restoration  is locked out, and cannot restore their rights unless they move back to IL, do the appeal, win, and THEN move back to their current state.

An appeal will be filed.

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On 11/17/2022 at 12:33 PM, Keith44 said:

This ruling should fail against the equal protection clause in the Constitution…

 

The problem isn't the ruling. The problem is IL law. IL law requires people who have lost their firearm rights due to a domestic violence conviction petition the court in their county of residence for relief so that they can apply for a FOID. Not only do non-residents not live in IL (by definition), they also cannot apply for a FOID even if they get relief. Therefore no court in IL has jurisdiction.

 

Appealing to the IL Supreme Court could fail because Snedeker hasn't exhausted all his options yet. He hasn't asked JB for a pardon.

 

Meanwhile IL law is obviously borken. Federal law requires that people restore their rights through the state court that suspended them in the first place, yet IL courts are saying that they do not have jurisdiction based on IL law. I think that's the argument to make to the supreme court. Snedeker is being denied redress of his grievance.

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