The Illinois Supreme Court has ruled state police were wrong to yank a central Illinois man's gun owner's card for a 20-year-old California domestic battery rap, saying California law automatically restored his right to have a gun 10 years after the conviction, which Illinois must recognize.
The Nov. 18 decision was penned by Justice David Overstreet, with concurrence from Chief Justice Anne Burke and Justices Mary Jane Theis, Rita Garman, P. Scott Neville Jr. and Michael Burke. Justice Robert Carter did not take part. The ruling favored 55-year-old Thomas D. Brown, of downstate Putnam County, in his dispute with Illinois State Police.
On Sept. 22, 2001, Brown was convicted in California of committing misdemeanor domestic violence against the woman who was then his wife, while they were visiting that state. He was sentenced to three years' probation, to pay a fine, undergo counseling and perform community service.
As of 2013, Brown had held an Illinois Firearm Owners Identification card for about 20 years. The FOID card is needed in the state to legally possess guns and ammunition. Brown renewed his card that year, answering "no" to the question whether he had ever been convicted of a domestic battery-type crime. The card was renewed and in 2016, he tried to buy a gun. '
During the subsequent background check, state police came across the California conviction. As a consequence, the state revoked Brown's FOID card, because such a conviction under Illinois law prohibits a person from having a FOID card. With no FOID card, Brown was unable to buy the gun.
Brown later contended he answered "no," because he believed the California case was not considered a conviction.
Brown went to Putnam County Circuit Court in Hennepin, which is about 105 miles southwest of Chicago, to try to reinstate his card. Circuit Judge Stephen Khouri ordered the state to return Brown's card. Khouri based his decision on grounds the state was allowing guns to remain in Brown's home, because his wife had a FOID card, and Brown's former wife, in a letter she wrote to the judge, downplayed the domestic battery incident.
In a 2-1 ruling, Illinois Third District Appellate Court in Ottawa then reversed Khouri in 2020. The ruling, written by current State Supreme Court Justice Robert Carter, who was then an appellate justice, said the conviction qualified as a domestic battery conviction, which was reason to strip Brown of his card.
Supreme Court Justice Overstreet determined Khouri was right to rule Brown was entitled to a card, chiefly because under California law, Brown's right to possess guns was reinstated in that state 10 years after his conviction.
"As of Sept. 22, 2011, the state of California deemed Brown sufficiently trustworthy to possess firearms despite his prior conviction, and if Brown lived in California today, he would not be prosecuted if he possessed firearms there," Overstreet said.
Brown would generally need a pardon or an expungement of such a conviction to get a FOID card, but such measures are not necessary because California law has already restored his gun rights, Overstreet pointed out.
Overstreet noted there is no evidence Brown is dangerous or unstable. Brown has been steadily employed for many years as a truck driver authorized to haul hazardous material, according to Overstreet. In addition, Brown's former wife said she does not feel threatened by Brown having guns, and she does not consider him a danger to others. Overstreet added that Brown has not committed any acts of domestic violence other than the California incident.
Brown's current wife testified Brown has properly handled guns and is safety-minded. She agreed Brown poses no risk, according to Overstreet.
Brown himself testified he received his first firearm at age 16, taking a safety course at that time, and has never misused a gun, Overstreet noted, saying these were further indications Brown was responsible with firearms.
Brown has been represented by attorney James R. Angel, of May, May, Angel & Harris, of Princeton.
State police have been represented by Jane Notz and Katelin Buell of the Illinois Attorney General's Office.