Fix issues with seizing guns when FOID revoked

As a responsible, legal firearm owner, I don't want individuals with revoked FOID cards to possess firearms. They pose a risk to the public, their families and to the reputations of responsible firearms owners. But I see legal obstacles to the confiscation of suspected firearms from these individuals.

While obtaining a FOID card is a prerequisite for legally possessing, buying, or even handling a gun, it is not legal proof of gun ownership. A citizen can hold a valid FOID card and never take possession of a firearm.

If the state seeks to confiscate suspected firearms from a person with a revoked FOID card, they will have to obtain a search warrant. The judge will require probable cause for the warrant (i.e., the probable existence of firearms). Without objective proof of gun ownership (e.g., reporting of a gun purchase or transfer to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the Illinois State Police), I don't know if a revoked FOID card alone is strong enough to meet the burden of probable cause.

But, if judges agree that the burden is met and they begin issuing search and seizure warrants, the citizens of Illinois can likely expect protracted litigation and, possibly, injunctive relief which could put all future seizures on hold.

Perhaps the state legislature should put more thought into closing the loopholes in this seizure policy before committing scarce law enforcement and legal resources to actions that may not withstand judicial scrutiny.

Randy Harris

St. Charles