Davis v Yenchko (FOID revocations)

[steveTA84]

Well it appears now that the only way they can revoke a FOID card is through convictions that would make someone a prohibited person. Shouldn’t this now be applied to the red flag law here?

 

https://www.gunssavelife.com/we-warned-them-thomas-maag-wins-injunction-blocking-foid-suspensions-over-arrests/

[veela]

Hope this helps some people.  Maybe this will start bringing back due process 🤔 

[Flynn]

On 4/2/2023 at 1:11 PM, steveTA84 said:

Well it appears now that the only way they can revoke a FOID card is through convictions that would make someone a prohibited person. Shouldn’t this now be applied to the red flag law here?

 

 

It should be applied to red flag laws yes, and it should also be applied immediately and retroactively to all that were wrongfully denied with written notice they were wronged!  It should also be applied to the carry laws that is still very much a permission slip even if you are not prohibited.

 

Watch, Illinois now try to say that the crime was maybe a prohibited crime even if the crime they were ultimently convicted of wasn't, as they did previously in 👇

 

[lilguy]

The FOID system stands. Just can’t be  abused or weaponized. 

[mauserme]

On 4/6/2023 at 9:10 AM, lilguy said:

The FOID system stands. Just can’t be  abused or weaponized. 

 

Did he challenge the constitutionality of the Act in it's entirety or only the way is was being applied to persons charged with, but not convicted of, a crime?

 

 

[JTHunter]

On 4/6/2023 at 10:08 AM, mauserme said:

Did he challenge the constitutionality of the Act in it's entirety or only the way is was being applied to persons charged with, but not convicted of, a crime?

 

From the article in the locked thread - https://www.lakemchenryscanner.com/2023/04/05/judge-rules-illinois-cannot-suspend-foid-cards-of-people-charged-not-convicted-of-felonies/

 

Quote

The ruling from Madison County Associate Judge Donald Foster signed March 10 says the law allowing Illinois State Police to suspend FOID cards “is hereby declared unconstitutional as applied to persons charged with a felony but not yet convicted of a felony.”

 

[John Q Public]

But they can still revoke for an OP exparte? I couldn't read the doc, it was too blurred for my old eyes. 

 

 

 

Edited April 6, 2023 at 07:41 PM by John Q Public

[Euler]

On 4/6/2023 at 3:38 PM, John Q Public said:

But they can still revoke for an OP exparte? I couldn't read the doc, it was too blurred for my old eyes.

 

Since the case is only about people charged with a crime, but not convicted, the decision only affects the application of law to people charged with crimes.

 

No doubt the logic could be applied to orders of protection, as well, but that's going to have to be some other case.

[John Q Public]

That was my take too.

 

Thnx

 

JQ

[veela]

I wonder if this will have any bearing on arrests that are deemed "clear and present danger "  that charges aren't brought or dropped.

[Flynn]

Although the FOID can't be revoked, I suspect it's still lawful pn a case by case basis for the judge to set no firearm possession as a condition of bail release?  If so that moots the relief in most cases even if they are able to maintain their FOID card.

[Tvandermyde]

going after the issue of firearms bans as a condition of bail especially when the charge is not a prohibiting one is something we should look at as well as supervision, a DUI does not make you as prohibited person, so why loose your rights after being arested as a condition of bail or while on supervision if the conviction would not disqualify you?

[ealcala31]

Even though this is a small win for 2A in IL, I am not sure how this would affect the 4473 forms. ATF got real specific on "charged crimes" with the new 4473 forms that began on April 1 and even though we would not get our FOID Card revoked, we could still be in hot water checking "No" on the 4474 form. The ATF actually does care about "charged crimes."

[davel501]

On 4/7/2023 at 7:34 AM, ealcala31 said:

Even though this is a small win for 2A in IL, I am not sure how this would affect the 4473 forms. ATF got real specific on "charged crimes" with the new 4473 forms that began on April 1 and even though we would not get our FOID Card revoked, we could still be in hot water checking "No" on the 4474 form. The ATF actually does care about "charged crimes."

One battle at a time. 

[John Q Public]

That's the problem, we do one, and they do 20, on and on and on. We need a serious btchslap from the SC to stop all this nonsense. 

[ealcala31]

On 4/7/2023 at 2:13 PM, John Q Public said:

That's the problem, we do one, and they do 20, on and on and on. We need a serious btchslap from the SC to stop all this nonsense. 

I 2nd the btchslap...

[Flynn]

On 4/6/2023 at 10:57 PM, Tvandermyde said:

going after the issue of firearms bans as a condition of bail especially when the charge is not a prohibiting one is something we should look at as well as supervision, a DUI does not make you as prohibited person, so why loose your rights after being arested as a condition of bail or while on supervision if the conviction would not disqualify you?

 

100% agree, that is why I brought it up, it's certainly something that should be challenged.

[Molly B.]

Did the state appeal this case ?

[Euler]

On 5/17/2023 at 6:01 PM, Molly B. said:

Did the state appeal this case ?

 

I can find no record of an appeal. I believe the state's strategy is just to ignore all the rulings it doesn't like.

[Benbow]

they appealed it end of last week.  Its in the IL Supreme Court now.

 

Off to the races

[Molly B.]

Thanks for the update!

[Molly B.]

Please keep us posted on date for oral arguments!

[Benbow]

this case is briefed in the IL Supreme Court, following literally six months of extensions sought by the State to file their opening brief.  Would expect an oral argument date in the next 60 to 90 days.

[Molly B.]

Thanks for the update!

[Benbow]

This case is set for oral Argument in the Illinois Supreme Court on May 21, 2024

[Molly B.]

Fantastic!  Thanks for the update.

[Tvandermyde]

does someone have a link to the filings?

 

 

Todd

[Benbow]

call or e-mail me Monday and I can sent them to you