Braglia v. McHenry County State's Attorney's Office
Appellate Court of Illinois
1Opinion of the CourtJustice McLAREN
In this appeal, we consider whether the Department of State Police (Department) must he made a party to a judicial proceeding to determine whether, pursuant to section 10(b) of the Firearm Owners Identification Card Act (Act) (430 ILCS 65/10(b) (West 2004)), a firearm owner’s identification (FOID) card should be issued to an applicant who would ordinarily be disqualified from holding one because of a conviction of domestic battery. We conclude that the Department need not be made a party to such a proceeding, and based on that conclusion, we hold that the Department lacks standing to appeal…
2Cases cited8 opinions
- In Re Estate of TomlinsonIllinois Supreme Court · 1976
- People v. PineIllinois Supreme Court · 1989
- Gordon v. Department of TransportationAppellate Court of Illinois · 1982
- People v. WhiteAppellate Court of Illinois · 1988
- Williams v. Tazewell County State's Attorney's OfficeAppellate Court of Illinois · 2004
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3Cited by3 opinions
- Hanson v. De Kalb County State's Attorney's OfficeAppellate Court of Illinois · 2009
- In re Restoration of Civil Rights & Issuance of a Firearm Owner's Identification Card to BaileyAppellate Court of Illinois · 2016
- People v. FrederickAppellate Court of Illinois · 2015