Illinois Supreme Court Weighs Challenge to Gun Possession Law for Felons

Illinois Supreme Court Reviews Second Amendment Challenge to Felon Gun Ban

SPRINGFIELD — The Illinois Supreme Court heard arguments Tuesday in a case that challenges whether people convicted of nonviolent felonies can be barred from owning firearms under state law.

The case centers on James Benson, who was convicted in 2021 of misdemeanor battery, reckless discharge of a firearm, and unlawful possession of a firearm by a felon following a domestic dispute in Chicago.

Benson had a prior felony conviction in 2015 for aggravated unlawful use of a weapon without a Firearm Owner's Identification card. He was sentenced to three years on the battery and reckless discharge convictions and four years on the unlawful possession charge, all to be served concurrently.

Second Amendment Standards at Issue

The legal challenge focuses on whether Illinois' law prohibiting people with felony convictions from possessing firearms conflicts with recent U.S. Supreme Court standards on the Second Amendment.

Under the 2022 ruling in Bruen v. New York State Rifle and Pistol Association, laws limiting gun rights must be consistent with the nation's historical tradition of firearm regulation.

Elizabeth Cook, attorney from the State Appellate Defender's office, argued that every free American is entitled to full constitutional protection including the right to bear arms.

"The Second Amendment protects a core constitutional right, the right to bear arms," Cook told the court. "Just as we would agree that a former felon has the right to a jury trial or the right to free speech, so should presume that every free American is a member of the people and entitled to full constitutional protection, including the right to bear arms."

State Law and Historical Precedent

Assistant Attorney General Garson Fischer argued the state law is consistent with historical precedents for disarming felons.

"And we know it is because dating back to colonial times, penalties for unlawful possession of a weapon far more severe than mere disarmament were imposed on all felons, including nonviolent felons, people convicted of things like counterfeiting and forgery," Fischer told the court.

Under Illinois law, it is illegal for anyone to knowingly possess any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction.

Nonviolent Felony Distinction

Cook acknowledged there is a long history of regulation aimed at keeping weapons out of the hands of people who have demonstrated they pose a danger of violence. But she emphasized the distinction between violent and nonviolent offenses.

"In Illinois, we have a lot of felonies that are not characterized by dangerousness," Cook said. "For example, eavesdropping, driving on a revoked license, transporting hazardous waste without a permit, home repair fraud these are all felonies that do not carry any threat of physical violence to another person."

FOID Card Restoration Process

Fischer noted that Illinois law allows people with previous felony convictions to obtain a FOID card by petitioning a court and demonstrating they do not pose a danger to the community.

"The time to do that would have been before he again illegally possessed a firearm, by taking advantage of the mechanism in the FOID card act to petition for the restoration of one's firearm rights," Fischer said.

Cook countered that the petition process itself may be constitutionally questionable under the Bruen decision because the decision to grant or deny a petitioner's request is completely discretionary.

Court Concerns and Implications

The seven supreme court justices spent considerably more time questioning Benson's case, citing concerns about how the Second Amendment applies to law-abiding citizens and whether he could be considered a nonviolent felon given the violent convictions associated with his 2021 case.

Cook concluded by emphasizing the fundamental nature of the right to bear arms.

"This right is a fundamental right to being an American and is no less important than the rights to freedom of speech, freedom of religion, freedom of the press, freedom to assemble peaceably and freedom from unlawful search and seizure," Cook said. "These basic rights form the foundation of the American government and identity."

The court took the case under review but did not indicate when a decision would be issued.

A ruling in Benson's favor could set a precedent for other people with nonviolent felony convictions, even though the issue before the court concerns only one individual and how he was affected by the state law.

The case highlights ongoing tensions between state gun control measures and federal constitutional standards that emerged from the 2022 Bruen decision.

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Sources:

• Capitol News Illinois, "Illinois Supreme Court weighs challenge to state gun restriction"
• Chicago Sun-Times, "State high court weighs whether a nonviolent felony bars gun ownership"