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REVOKED FOID CARD REMAINED REVOKED AFTER ORDER OF PROTECTION EXPIRED

Posted by Daniel Q. Herbert | Nov 20, 2015 | 0 Comments

Defendant was convicted of one count of possession without valid FOID card. Defendant's FOID car had been previously revoked due to entry of a plenary order of protection. Even though the order had expired at the time the gun was discovered, Defendant's FOID card was still revoked. The FOID Card Act states that violation is a Class 3 felony if offender does not possess a currently valid FOID card and previously had it revoked. The legislature concluded that possession of firearms after revocation of FOID card represents a greater public-safety threat that mere failure to apply for a card. People v. Larson, 2015 IL App (2d) 141154

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Daniel Q. Herbert
Daniel Q. Herbert

Daniel Q. Herbert is a Chicago attorney who has been recognized for his accomplishments in the courtroom by multiple distinguished organizations. Born and raised on Chicago's Northside, Dan followed in his father's footsteps, becoming a Chicago police officer and working as a member of the Chicag...

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