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Plaintiffs in the case, Aaron and Charles Davis, were charged in
Wood River with felonies after firing guns into the air on July
3, 2016. After the charge, their FOID cards were revoked. After
pleading down to misdemeanor charges a year later, their FOID
cards were reinstated.
Representing the state, Assistant Attorney General Leigh Jahnig
said the plaintiffs have no standing as applied to plaintiffs.
“But the circuit court held that the statute was
unconstitutional with respect to every person that’s been
charged with a felony,” Jahnig told the justices Tuesday.
She asked the lower court’s order be reversed.
Attorney Thomas Maag represents the plaintiffs.
“It is not as applied only as to my clients. It is as applied as
to persons charged with a felony but not convicted,” Maag said.
“That is an as applied challenge as well.”
While federal law says those convicted of domestic violence
misdemeanors, or those who have mental health prohibiters, are
prohibited from having firearms, statute says those charged, not
convicted, of a felony can still possess guns, Maag said.
“They can keep the ones they’ve got while they’re under
indictment or information, but prevents them from acquiring new
firearms while they’re under charge,” Maag said. “That is what
this case is about.”
Justices took the case under advisement.
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