GUNMAPUSA Search

Johnson v. Department of State Police

Illinois Supreme Court · No. 124213 · 2020 IL 124213

Decided

👍Favorable to gun rights

FOID card reinstatement upheld for the gun owner, though on statutory construction rather than Second Amendment grounds.

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

Illinois State Police revoked Shawna Johnson's FOID card because her 2001 misdemeanor domestic battery conviction triggered the federal firearms prohibition in 18 U.S.C. section 922(g)(9), and the circuit court ordered the card reinstated after holding the state and federal provisions unconstitutional as applied to her. The Illinois Supreme Court affirmed the reinstatement on statutory grounds instead, holding that the individualized restoration of firearm rights available under section 10 of the FOID Card Act qualifies as having civil rights restored for purposes of the federal exemption, so granting relief would not be contrary to federal law. Because the case could be resolved without constitutional analysis, the court vacated the circuit court's as-applied constitutional findings.

Summarized from the court's opinion.

What this case is about

Illinois FOID card revocation and relief under the Firearm Owners Identification Card Act

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.