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Illinois Supreme Court Reinstates FOID Card Revocation Statute, Hospital Room Privacy

By Mark Wells Sep 26, 2024 | 5:56 AM

Last week, the Illinois Supreme Court reinstated a law allowing the state to revoke an individual’s Firearm Owners Identification (FOID) card when charged with a felony, even without a conviction. This ruling stemmed from the case of Aaron and Charles Davis, who were charged with reckless discharge of a firearm for allegedly firing rifles into the air during Fourth of July celebrations in 2016. Following the charges, the Illinois State Police revoked their FOID cards citing a federal law that prohibits those under indictment for felonies from possessing firearms.

 

Although the charges were later downgraded to misdemeanors and the Davises regained their FOID cards after pleading guilty, they filed a lawsuit claiming their constitutional right to bear arms was infringed during the revocation period. A Madison County judge initially ruled in their favor, declaring the law unconstitutional for those not convicted of felonies. However, the state appealed, and the Supreme Court unanimously reversed the lower court’s decision, stating the Davises no longer had standing to claim injury since they had their FOID cards reissued.

 

In a separate ruling, the Illinois Supreme Court determined that patients in hospitals do not have an absolute expectation of privacy that prevents law enforcement from entering their rooms to question them or search their belongings. This decision arose from the case of Cortez Turner, who was treated for a gunshot wound and later implicated in a fatal shooting.

 

Detectives entered the trauma room and seized Turner’s blood-stained clothing with his consent. Turner was charged with first-degree murder and perjury. His attorneys argued that the seizure was unlawful, asserting that police needed a warrant to enter the room. The Supreme Court found that the Fourth Amendment protects people rather than places, and privacy expectations vary by location. Justice Elizabeth K. Rochford explained that while Turner had a legitimate presence in the trauma room, this alone did not grant him the same privacy rights as a hotel guest, especially given the legal requirement for hospitals to notify law enforcement about gunshot victims.

 

The rulings highlight the ongoing debates around gun rights and privacy in legal contexts in Illinois.

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