David M. Duree and Associates, P.C.
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CONVICTED FELON QUALIFIES FOR GUN PERMIT

| Feb 17, 2019 | Uncategorized

Illinois law allows for gun permits (FOID Cards) if the applicant (a) isn’t likely to act in a manner dangerous to public safety (b) issuance of the permit would not be contrary to the public interest and (c) granting the permit would not be contrary to Federal Law.  The Federal Gun Control Act generally prohibits felons from possessing Firearms, unless their Civil Rights have been restored.  The Illinois Appellate Court held that a convicted felon met this requirement because he had his civil rights restored when he successfullly completed his probation sentence and was again elgible to serve on a jury.  The FOID applicant had been convicted of burglary and theft more than 20 years ago when he was sentenced to time served and probation.  While he was serving the probation sentence he was not elgible to serve on a jury.  When he completed that sentence he was again elgible to serve on a jury.  The Court found that this constituted restoration of his civil rights and thus fell within the exception to the Federal Gun Control Act.  Pournaras v. People (Illinois Appellate Court, 3rd dist., Nov. 13, 2018)