* This problem is just way too big for the Illinois State Police to handle on its own. County prosecutors and law enforcement need to do their part, and it’s the biggest part. Why this hasn’t been done until now kinda boggles my mind…
Cook County Sheriff Tom Dart is calling for changes in how the judicial system handles defendants with revoked gun licenses following a Tribune investigation into the ballooning backlog of people declared too dangerous to own firearms and the state’s failure to address it.
The move comes after the Tribune highlighted the story of Christopher Miller, a Joliet man who fatally shot his 18-month-old son, Colton, with a gun he should have relinquished after having his firearm owner’s identification card revoked more than a year earlier. According to a Tribune analysis, Miller was among the more than 70% of revoked FOID permit holders statewide who ignored police orders to account for their weapons.
During his 20 months on the revocation list, Miller appeared before judges in two separate counties on criminal charges and never once was asked if he complied. No one at the hearings — one in DuPage County and one in Cook County — ordered the Illinois National Guardsman to give up the multiple firearms he kept in violation of state law. […]
Under Dart’s proposal, the FOID revocation status of all defendants would be checked and shared with a judge before bond is set. In a letter to Cook County Chief Judge Timothy Evans after the Tribune shared its findings with Dart, the sheriff said bond court, particularly, is “ideally situated to require compliance.” […]
Dart’s proposal has the support of Cook County State’s Attorney Kim Foxx, whose office has access to a statewide database detailing residents who had their cards rescinded, the reason for the revocation and whether they complied with orders to account for their weapons. Currently, Cook County prosecutors look at FOID revocation status “where it is relevant to the case,” including charges that involve guns or violent crimes.
Again, why this wasn’t done years ago is beyond me.
- Todd - Tuesday, Feb 18, 20 @ 12:35 pm:
But cook county didn’t do anything on this one
- Just Observing - Tuesday, Feb 18, 20 @ 12:48 pm:
Asking those with revoked FOIDs if they complied, etc. is better than nothing, but the problem is being a FOID holder doesn’t account for how many guns one owns, if any. So, someone bent on keeping their gun, despite a FOID revocation, just has to say they don’t own a gun, or turn in one gun while they have seven more at home.
- DuPage Saint - Tuesday, Feb 18, 20 @ 12:50 pm:
Notice of revocation should be sent to prosecutors if county card holder lives in. A notice to appear or summons served in foid person appears in court and turns over weapons or sits in jail. Does a foid permit say how many weapons a person owns?
- @misterjayem - Tuesday, Feb 18, 20 @ 12:52 pm:
“Does a FOID permit say how many weapons a person owns?”
No.
– MrJM
- Unrelated, but important - Tuesday, Feb 18, 20 @ 1:12 pm:
Trump Commutes Sentence of Rod Blagojevich https://thehill.com/homenews/administration/483476-trump-commutes-sentence-of-ex-illinois-gov-blagojevich
- JS Mill - Tuesday, Feb 18, 20 @ 1:20 pm:
You can have all the rules and regs you want, but if you don’t have people to enforce it doesn’t matter. One of the problems when you try to do government on the cheap.
- Annonin' - Tuesday, Feb 18, 20 @ 1:23 pm:
It is only a “big” problem ifyou allow it to be.
No one will know how hard it is until you try. So start
- Winderweezle - Tuesday, Feb 18, 20 @ 2:09 pm:
This is a good idea. No charge or even traffic citation should be able to be adjudicated without a double check against this list for compliance.
And please staff foid so people can be compliant with the rules and get their questions answered. The problems for the public trying to comply causes too much unnecessary animosity toward isp.
- Donnie Elgin - Tuesday, Feb 18, 20 @ 2:38 pm:
“Cook County State’s Attorney has access to a statewide database detailing residents who had their cards rescinded…whether they complied with orders to account for their weapons.”
There is no gun registry in Illinois and there are plenty of folks that have a FOID card but do not own any firearms. So they would have nothing to turn in.
- RNUG - Tuesday, Feb 18, 20 @ 2:49 pm:
== … there are plenty of folks that have a FOID card but do not own any firearms. ==
That is true in my house. Both of us have FOID cards but, technically, I have bought or inherited all the firearms, so Mrs RNUG doesn’t own any firearms. Heck, she would have to find the combination to the gun safe to even get access to them. But she has a FOID so she would be a legal owner if something were to happen to me or if (highly unlikely) a firearm happened to be stored in a vehicle she was driving.
- Bourbon Street - Tuesday, Feb 18, 20 @ 2:49 pm:
==never once was asked if he complied==
Of course, he wasn’t asked—the Fifth Amendment is still in effect, so judges and prosecutors can’t simply start asking criminal defendants if they have complied with the law where non-compliance is a crime.
I do support informing judges setting bail if the defendant’s FOID card was revoked.