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Court Grants FOID card to Defendant

on in Criminal Defense
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In Miller v. The Department of State Police, the Fifth District Appellate Court affirmed the trial court's decision to order the State Police to grant the defendant a FOID card who had been charged with unlawful possession of a controlled substance and domestic battery.  The Appellate Court affirmed that the trial court does have jurisdiction in this matter.

Generally, one may apply for a FOID card from the State of Illinois.  However, the Illinois FOID Card Act delineates a denial/revocation of a FOID card based on several factors, one of which being that the applicant is prohibited to possess a firearm under Federal Law.  Federal Law prohibits a person from obtaining/holding a FOID card who has been charged by an enumerated crime, although not yet convicted.  However, the circuit court has subject matter jurisdiction to award relief to a defendant and to order the State Police to issue/reinstate the FOID card.  In this case, the defendant was originally charged with a two felony counts plead to a Class A Misdemeanor Domestic Battery and plead to 410 Probation for the unlawful possession of a controlled substance.  Under 410 probation, after the completion of the probationary period, the charges are dismissed.  The court considered both of these factors along other factors when granting the defendant's Petition for Relief:

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