Pournaras v. People
Pournaras v. People
Opinion
*917 ¶ 1 Petitioner, Kostantino S. Pournaras, appeals the trial court's denial of his petition to obtain a Firearm Owner's Identification Card (FOID card). Petitioner filed his petition pursuant to the Firearm Owners Identification Card Act (FOID Act). 430 ILCS 65/10(c) (West 2016). He asserts the trial court erred in finding he did not meet all of the qualifications required by the FOID Act due to the trial court's erroneous interpretation of the Federal Gun Control Act. He argues he has had his "civil rights restored" within the meaning of the Gun Control Act so as to allow him to regain the privilege of having a FOID card. We reverse the judgment of the trial court and remand with instructions.
¶ 2 FACTS
¶ 3 In February 2016, petitioner filed a petition to reinstate his privilege to obtain a FOID card. He brought his petition pursuant to the FOID Act which states in relevant part:
"Any person prohibited from * * * acquiring a Firearm Owner's Identification Card under Section 8 of this Act may * * * petition the circuit court in the county where the petitioner resides, * * * and the Director or court may grant such relief if it is established by the applicant to the court's or Director's satisfaction that: * * *
*473 *918 (1) the applicant has not been convicted of a forcible felony under the laws of this State or any other jurisdiction within 20 years of the applicant's application for a Firearm Owner's Identification Card, or at least 20 years have passed since the end of any period of imprisonment imposed in relation to that conviction;
(2) the circumstances regarding a criminal conviction, where applicable, the applicant's criminal history and his reputation are such that the applicant will not be likely to act in a manner dangerous to public safety;
(3) granting relief would not be contrary to the public interest; and
(4) granting relief would not be contrary to federal law." 430 ILCS 65/10(c) (West 2016).
Petitioner conceded he had been convicted of burglary in Kankakee County case No. 94-CF-778 ( 720 ILCS 5/19-1(a) (West 1994) ) and theft in Kankakee County case No. 95-CF-128 ( 720 ILCS 5/16-1(a)(4)(A) (West1994) ). The Kankakee County trial court sentenced petitioner to probation and time served on these offenses. Petitioner completed his sentence and argued he met the conditions under the FOID Act to have his privileges restored.
¶ 4 The trial court held a hearing on the matter. In December 2016, the trial court entered its decision. The trial court found more than 20 years had passed since petitioner's prior felony convictions and he had no felonies since then. 430 ILCS 65/10(c)(1) (West 2016). It found petitioner was gainfully employed, volunteered as a first responder, and took an active role as a husband and father. Petitioner testified that he was "young, dumb, and stupid" when he committed his felony offenses and had since lived a life free of legal troubles. He wanted a FOID card to recreationally hunt and shoot with friends and family. These facts supported the court's finding petitioner would not be a danger to public safety if his firearm privileges were reinstated.
Id.
§ 2. These facts also supported the court's finding that granting petitioner his FOID card privileges would not be against public interest.
Id.
§ 3. However, the court found petitioner did not meet the final requirement that reinstating petitioner's firearm privileges not be contrary to federal law.
Id.
§ 4. The court found granting petitioner's request to obtain a FOID card would be against federal law, namely the Federal Gun Control ban on possession of firearms by a convicted felon.
¶ 5 ANALYSIS
¶ 6 On appeal, petitioner's only argument is that he has had his "civil rights" restored within the meaning of the Gun Control Act. Therefore, he has no federal firearm disability, and the trial court erred in denying his petition to obtain a FOID card. Petitioner asserts the trial court erroneously interpreted the Federal Gun Control Act. See
"Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this *919 *474 chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms."18 U.S.C. § 921 (20) (2012).
Petitioner maintains probation takes away some civil rights that are restored upon completion of his sentence.
¶ 7 The State disagrees with petitioner's definition of "civil rights" and believes the trial court correctly dismissed the petition. The State argues the correct question is whether petitioner's gun rights are civil rights. Because gun rights are not civil rights, per the State's interpretation of the phrase "civil rights," petitioner has no right to restore. See
People v. Heitmann
,
¶ 8 Whether petitioner has had his civil rights restored so as not to be barred from owning a firearm under section 922 of the Federal Gun Control Act is an issue of statutory construction.
Baumgartner v. Greene County State's Attorney's Office
,
¶ 9 The Supreme Court in
Logan v. United States
,
¶ 10 In Illinois, the constitution provides "[a] person convicted of a felony, bribery, perjury or other infamous crime shall be ineligible to hold an office created by this Constitution. Eligibility may be restored as provided by law." Ill. Const. 1970, art XIII, § 1. The right to hold office is restored by statute stating "[a] person convicted of a felony shall be ineligible to hold an office created by the Constitution of this State until the completion of his sentence." 730 ILCS 5/5-55(b) (West 2016). Illinois law requires members of a jury to be "[f]ree from all legal exception." 705 ILCS 305/2(a)(3) (West 2016). Plaintiff contends he could not exercise these civil rights while on probation, which we will address in turn.
¶ 11 The State relies on the holding in
Heitmann
, but the case here is distinguishable. The petitioner in
Heitmann
sought to obtain a FOID card but was convicted of domestic violence.
Id.
¶ 3. The Gun Control Act treats domestic violence convictions differently than "crimes punishable by imprisonment for a term exceeding one year." See
"A person shall not be considered to have been convicted of [a misdemeanor *920 *475 crime of domestic violence] if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored ( if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense ) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms." (Emphasis added.)18 U.S.C. § 921 (a)(33)(B)(ii) (2012).
The applicable definition provides language not present in the definition for "crimes punishable by imprisonment for a term exceeding one year" which we cannot ignore. See
Standard Mutual Insurance Co. v. Lay
,
¶ 12 Additionally, the trial court in
Heitmann
sentenced the petitioner to time served and ordered him to pay a fine.
Heitmann
,
¶ 13 Here, petitioner is not subject to the additional statutory language applied to domestic violence offenders. Additionally, petitioner faced a sentence of probation postconviction.
¶ 14 Petitioner argues he could not have held office while serving his probation. The Illinois constitution provides "[a] person convicted of a felony, bribery, perjury or other infamous crime shall be ineligible to hold an office created by this Constitution. Eligibility may be restored as provided by law." Ill. Const. 1970, art XIII, § 1. That right is automatically reinstated upon operation of a statute that says "[a] person convicted of a felony shall be ineligible to hold an office created by the Constitution of this State until the completion of his sentence." 730 ILCS 5/5-5-5(b) (West 2016).
"A person convicted of a felony is ineligible to hold an office created by the Constitution of the State of Illinois until the completion of his sentence. * * * On completion of sentence of imprisonment or upon discharge from probation, conditional discharge, or periodic imprisonment, or at any time thereafter, all license rights and privileges granted under the authority of Illinois which have been revoked or suspended because of conviction of an offense must be restored." Ill. L. and Prac., Criminal Law, § 1079 (2018).
The Seventh Circuit interpreted the Illinois statute in the same way, finding the right to hold office would be automatically restored upon completion of the defendant's sentence.
United States v. Gillaum
,
¶ 15 Petitioner also argues that because Illinois requires a person serving on a jury to be "[f]ree from all legal exception" this means he would have been ineligible to serve on a jury while on probation. See 705 ILCS 305/(a)(3) (West 2016). Petitioner was under sentence until he completed his probation and thus was not free from all legal exception. His completion of probation removed his obstacle to serving
*921
*476
on a jury, thus restoring his civil right.
Logan
,
¶ 16 By virtue of completing his sentence, petitioner had his civil rights restored within the meaning of the Gun Control Act.
¶ 17 This result also avoids an absurd application of the law. See
Coram
,
¶ 18 Assuming no intervening disqualifying events, and in light of the trial courts other findings, we remand with directions for the trial court to direct the Department of the Illinois State Police to issue petitioner a FOID card.
¶ 19 CONCLUSION
¶ 20 For the foregoing reasons, we reverse the judgment of the circuit court of Kankakee County and remand with instructions.
¶ 21 Reversed; cause remanded for further proceedings consistent with this opinion.
Presiding Justice Carter specially concurred, with opinion, joined by Justice Lytton.
¶ 22 PRESIDING JUSTICE CARTER, specially concurring:
¶ 23 Although I concur in the majority decision of the court, I write separately to explain why my concurrence in this case does not conflict with the decision in
Heitmann
,
¶ 24 JUSTICE LYTTON, specially concurring:
¶ 25 I join in Presiding Justice Carter's special concurrence.
Reference
- Full Case Name
- Kostantino S. POURNARAS, A/K/A Gus S. Pournaras, Petitioner-Appellant, v. the PEOPLE of the State of Illinois, Respondent-Appellee.
- Cited By
- 1 case
- Status
- Unpublished