FOID Act definition
Examples of FOID Act in a sentence
The Second District has reached the same interpretation of the 2013 amendments to the FOID Act.
The General Assembly passed Section 13.1 of the FOID Act in the wake of the Seventh Circuit’s decision in Moore v.
And the restriction is as broad as possible: virtually every Illinois citizen who wishes to exercise the right to bear arms is governed and restrained by the FOID Act.
See 430 ILCS 65/8.1. For example, under the FOID Act, Illinois circuit court clerks and other law enforcement agencies must notify the ISP of certain criminal arrests, charges, and dispo- sition information.
In that case, we held that the plain language of the current versions of sections 10(b) and 10(c) of the FOID Act prohibited a circuit court from granting relief from ISP's revocation of a FOID card "when such revocation is based on the peti- tioner being barred from obtaining, possessing, or using a firearm under federal law." Walton,2015 IL App (4th) 141055, ¶ 23, 39 N.E.3d 1095.
This argument must fail, however, for the simple reason that the plain language of both the FOID Act and FCAA only prohibit enactments “inconsistent” with these statutes.
In Carey’s case, the State’s reliance on, and the trial court’s acceptance of, the definition of “firearm” in the FOID Act constituted a presumption in place of evidence.
Director of the Illinois Department of State Police, 2015 IL App (3d) 140011, ¶ 31, 28 N.E.3d 1020 ("The [FOID] Act prohibits the [circuit] court from granting relief where doing so would be contrary to federal law."); see also Odle v.
In that case, we held that the plain language of the current versions of sections 10(b) and 10(c) of the FOID Act prohibited a circuit court from granting relief from ISP’s revocation of a FOID card “when such revocation is based on the petitioner being barred from obtaining, possessing, or using a firearm under federal law.” Walton, 2015 IL App (4th) 141055, ¶ 23, 39 N.E.3d 1095.
The FOID Act itself dates back only to the 1960s, and purported analogues in other states date back to 1911 at the earliest.