The Illinois Supreme Court is evaluating two critical appeals that challenge the state’s authority to restrict gun ownership for felons and the application of double jeopardy when charges are severed, cases that may set lasting precedents for criminal law and gun rights in Illinois.
On Tuesday, the Illinois Supreme Court heard oral arguments in two separate appeals that test the boundaries of state firearm regulations and double jeopardy doctrine The Center Square. These cases, involving James Benson and Terry T. Collins, could redefine how Illinois applies its Firearm Owner’s Identification (FOID) card requirements and the limits of prosecutorial retrial after partial acquittals.
Background: The Legal Landscape of FOID and Double Jeopardy in Illinois
Illinois has some of the nation’s strictest firearm laws, requiring a FOID card for gun possession and imposing lifetime bans on gun ownership for certain felons. This framework has faced repeated challenges under the Second Amendment, especially after the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association Inc. v. Bruen, which emphasized historical tradition in gun regulation. Concurrently, double jeopardy protections under both the U.S. and Illinois Constitutions prevent multiple prosecutions for the same offense, but complexities arise when defendants request separate trials for related charges.
The current appeals reach the state’s highest court after lower courts split on these issues, creating a circuit split that demands resolution. With gun rights and criminal procedure at stake, the justices’ questions during arguments revealed deep scrutiny of statutory intent and constitutional limits.
The FOID Challenge: Can Felons Be Disarmed Absolutely?
James Benson’s case centers on Illinois’ unlawful use or possession of a weapon by a felon statute. Benson, previously convicted of a felony for possessing a gun without a FOID card, argues that the law violates the Second Amendment as applied to him because his conduct lacked any violent element.
Defense counsel Elizabeth Cook, from the State Appellate Defender’s office, asserted that the record shows “no violent conduct” underlying Benson’s offense, contending that disarming all felons regardless of current dangerousness is incompatible with modern Second Amendment jurisprudence The Center Square. Cook suggested that if the court finds the application unconstitutional, it could remand for fact-finding on whether Benson poses a threat.
Assistant Attorney General Garson Fischer, representing the state, countered that the U.S. Supreme Court has consistently upheld felon disarmament laws, arguing that the Second Amendment protects only “law-abiding citizens,” a category that excludes felons by definition The Center Square. Fischer noted that Illinois law allows felons to petition for FOID card restoration, undermining claims of an absolute ban. He also cited historical precedent, pointing to severe punishments for felonies beyond disarmament, to argue that the statute aligns with a tradition of disarming those deemed dangerous.
The Double Jeopardy Dilemma: Waiver Through Severance?
Terry T. Collins’ appeal presents a different constitutional quandary. After a firearm was found in a car where he was a passenger, Collins faced three charges: aggravated unlawful use of a weapon, violating the FOID Card Act, and unlawful possession of a weapon by a felon. His defense successfully severed the felon-in-possession charge, which was tried first. The jury acquitted Collins of that charge, finding he did not knowingly possess the gun.
Following the acquittal, the defense moved to dismiss the remaining two charges, arguing that the jury’s verdict resolved the key fact of knowing possession, which is common to all charges. Under issue preclusion principles, the state should be barred from relitigating that fact.
Zachary Wallace, also from the State Appellate Defender’s office, argued that Collins seeks only to prevent the state from “multiple opportunities to relitigate an issue that a jury already has rejected” The Center Square. The state, however, contends that by requesting separate trials, Collins waived double jeopardy protections. Assistant Attorney General Josh Schnider cited Currier v. Virginia, a U.S. Supreme Court case holding that a defendant who consents to two trials cannot later claim double jeopardy violations. Schnider emphasized that double jeopardy guards against government oppression, not against the consequences of a defendant’s voluntary choices.
Why This Matters: Broader Implications for Illinois Law
The outcomes of these appeals will have far-reaching effects. On the FOID challenge, a ruling for Benson could invalidate or narrow the application of felon-disarmament laws in Illinois, potentially restoring gun rights to thousands of non-violent offenders. It would also signal whether state courts are willing to apply the Bruen historical tradition test more aggressively to restrictive firearm statutes. Conversely, a upholds of the law would reaffirm the state’s authority to impose broad bans rooted in historical practices of disarming “dangerous” individuals, though critics argue such categories are overly broad.
The double jeopardy case addresses a procedural trap for defendants: by severing charges to seek a quicker trial on one count, they risk forfeiting issue preclusion for remaining counts. A ruling for Collins could strengthen defendants’ rights to block redundant prosecutions after a partial acquittal, promoting finality and fairness. A ruling for the state would cement that severance constitutes a waiver, incentivizing prosecutors to leverage charging decisions strategically. This tension between tactical choices and constitutional protections is a recurring theme in criminal law.
Connecting the Dots: Historical and National Context
These cases echo national debates. Felon disarmament laws trace back to post-Civil War disarmament statutes and have been upheld under the “presumptively lawful” category of gun restrictions mentioned in District of Columbia v. Heller. However, Bruen demands more precise historical analogues, and Benson’s case tests whether non-violent felons fall outside that tradition. Meanwhile, double jeopardy doctrine has evolved through cases like Ashe v. Swenson, which established issue preclusion, but Currier introduced a waiver exception for consent to severance. Collins’ case asks the Illinois Supreme Court to interpret state constitutional protections, which may provide broader safeguards than the federal baseline.
The public interest is intense: gun rights advocates watch for expansions of Second Amendment coverage, while criminal justice reformers focus on preventing prosecutorial overreach. Ethical dilemmas arise when legal tactics—like severance—create vulnerabilities for defendants, raising questions about the fairness of the system.
Immediate Next Steps and Potential Outcomes
The Illinois Supreme Court typically takes several months to issue decisions. Given the complexity, the court may issue narrow rulings tailored to the specific facts, rather than sweeping changes. However, even limited holdings could influence lower courts and legislative responses. For instance, if the court strikes down the felon law as applied, the General Assembly might draft revised statutes with narrower scopes. Similarly, a double jeopardy victory for Collins could prompt prosecutors to be more cautious in seeking severances.
Both cases underscore a judiciary balancing public safety with individual rights—a dynamic that defines modern criminal jurisprudence. As arguments concluded, the justices’ probing questions suggested they are keenly aware of the stakes, not just for Benson and Collins, but for Illinois’s legal framework.
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