Preview
FILED
Hearing Date: 9/3/2024 9:30 AM 5/3/2024 2:59 PM
Location: Court Room 2301 IRIS Y. MARTINEZ
Judge: Quish, Clare J CIRCUIT CLERK
COOK COUNTY, IL
2024CH04130
Calendar, 14
COUNTY OF COOK } 27548201
ATTORNEY NO. #18104
SS.
STATE OF ILLINOIS }
STATE OF ILLINOIS
IN THE CIRCUIT COURT OF COOK COUNTY
COUNTY DEPARTMENT CHANCERY DIVISION
CEDRIC LAMONT GARMON
Plaintiff
BRENDAN F. KELLY DIRECTOR ILLINOIS caseNo, 2024CH04130
STATE POLICE, THE DEPARTMENT
OF THE ILLINOIS STATE POLICE AND
KIM FOXX COOK COUNTY STATES
ATTORNEY
Defendants
PETITION FOR RELIEF FROM THE ILLINOIS STATE POLICE’S
DENIAL OF APPLICATION FOR FIREARM OWNERS IDENTIFICATION CARD
NOW COMES the Plaintiff, CEDRIC LAMONT GARMON hereinafter “Plaintiff” by and
through his attorney, MICHAEL R DONAHUE, and pursuant to the Firearm Owner's
Identification Act 430 ILCS 65/10 (a) hereby petitions this Honorable Court for relief from
the Defendant Ilinois State Police's denial of his application for a Firearm Owner's
Identification Card, and {n support thereof states as follows:
1. That on information and belief, the Plaintiff was convicted of Class 1 Possession/
Delivery of Controlled Substance on May 24, 1994 In the Circuit Court of Cook County.
petrevfoid/garmonc, p.2
2. That pursuant to the aforesaid conviction, in the Circuit Court of Cook County, the
Judge Presiding then entered an Order of Conviction and sentenced the Plaintiff to a term of
of probation with specific terms and conditions.
3. That on Information and belief, after the period of probation, the Court terminated
the Plaintiff's probation upon finding that the Plaintiff had successfully complied with all
terms.
4. That the Illinols State Police have presently denied the Plaintiff's application for an
FOID card based upon the Plaintiff being convicted of a felony. (A copyof
correspondence from the Illinols State Police Is attached hereto as Exhibit “A".)
5. That the Plaintiff is 5S years old, married, the father of two adult children, one adult
stepdaughter and grandfather of 1. Notwithstanding his documented felony conviction, he
has a notable and dedicated work history, most recently and for the last 7 years, as a Gas
Technician for Peoples Gas. It is highly doubtful that the Plaintiff would have achieved this
success had he to date, as the Illinois State Police may argue, continued to participate in
unlawful behavior.
petrev foid/garmonc, p.3
6. That Plaintiff has been proficient with firearms since age 19, having learned
firearms safety while serving in the United States Marine Corps, receiving a commendation
for being an Expert Marksman and receiving an honorable discharge after 8 years, 4 years
active and 4 years Inactive. Given the forgoing, he is aware of the responsibility and
obligation of a firearm owner to ensure that his possession as well as use of a firearm Is
taken with due regard for the wellbeing and safety of others,
7, That the Plaintiff's criminal history and reputation are such that he will not likely
act in a manner dangerous to public safety, and granting relief would not be contrary to
public interest, and granting relief would not be contrary to state or federal law
8. That the action of the Defendants In denying the Plaintiff's application for a Firearm
Owner's Identification Card constitutes a substantial injustice.
WHEREFORE, the Plaintiff, prays this Honorable Court grant his Petition and
Order the Illinois State to direct the Illinois State Police to Issue him a Firearm
Owner's Identification Card and for such other reliefas Is just and equitable.
“dhs.
lly Submitted,
.
CEDRIC LAMONT GARMON, Plaintiff
petrev foid/garmone. p.4
State of Illinois )
SS:
County of Cook )
VERIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument are
true and correct, except as to matters therein stated to be on information and belief and
as
to such matters the undersigned certifies as aforesaid that he verily believes the same to be
true.
'
CEDRIC LAMONT GARMON, Plaintiff
CERTIFICATION
BY ATTORNEY
I certify that I have read the above and foregoing Petition for Relief and affirm that
the allegations are true to the best of my knowledge and belief, and are well grounded in
fact an applicable Illinois law.
PI
Michael R. Donahue
ARDC #6192045
Michael R, Donahue
Attorney For Plaintiff
1250 N. Convent
Bourbonnais, IL 60914
(708) 691-0457
donahueharleylaw@yahoo.com
JO Pritcher
©
ILLINOIS STATE POLICE
Dresswon
of ectice Seresces BrendanF. Kelly
Director
January 9, 2023
p
CEDRIC LAMONT GARMON
5359S UNION
CHICAGO, IL 60609
Dear; CEDRIC LAMONT GARMON
v
Re: Firearm Owner's identification Card #2212340144
Your application for a Firearm Owner's identification (FOID} card has been
denied pursuant to Section 4 of the Iitinols FOID Cord Act
(439 ILCS 65/8). You are prohibited from possessing, purchasing, selling, tr ‘ansforrin
or exchangin
gg firearms of firearms armenunition based
upon the
~ 18 USC'922 (g} (1) - Persons who have been convicted of a crime punishable by imprisonmen
t for a term exceeding one year
+ 430 ILCS 65/B (c) - A person conviofcteda felony
“MAN/DEL CONTROL SUBSTANCES-CLASS 1 5/24/1994 — Cook County, It
There may be additional firearms prohibitors present in your
beyond the specific grounds Identified above.
Accordingly, before you appeal, you are encouraged to review Section § of the FOID Act.
H you have questions about the denial of ‘your FOID Card or you need additional information about the appeals process,
please
visit the Office of Firearms Safety's website at: r{FirearmsSafety to find relevant checklists, forms, and frequently
asked questions. if you have any questions, May Contact
the Othe of Firearms Safety at Appesh
15? 1O% Milinglsney or call the
Custo
Servicemer
Call Center at 217.782.7980 to speak to a representative of the Firearms Services Bureau.
Minols State Police
Firearms Services Bureau
‘SUE REVERSE S208 FOR APPEAL ESTRUCTIONS:
‘rraanns Services Bureaa:
(871 South Seventh Steet * Suite 400M
Laan
INNA
217) 782 7HRO (woice) + 1 (CO) 255-3023 (TDD)
eure * emer Ip Stacegow
Preview
FILED Hearing Date: 9/3/2024 9:30 AM 5/3/2024 2:59 PM Location: Court Room 2301 IRIS Y. MARTINEZ Judge: Quish, Clare J CIRCUIT CLERK COOK COUNTY, IL 2024CH04130 Calendar, 14 COUNTY OF COOK } 27548201 ATTORNEY NO. #18104 SS. STATE OF ILLINOIS } STATE OF ILLINOIS IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPARTMENT CHANCERY DIVISION CEDRIC LAMONT GARMON Plaintiff BRENDAN F. KELLY DIRECTOR ILLINOIS caseNo, 2024CH04130 STATE POLICE, THE DEPARTMENT OF THE ILLINOIS STATE POLICE AND KIM FOXX COOK COUNTY STATES ATTORNEY Defendants PETITION FOR RELIEF FROM THE ILLINOIS STATE POLICE’S DENIAL OF APPLICATION FOR FIREARM OWNERS IDENTIFICATION CARD NOW COMES the Plaintiff, CEDRIC LAMONT GARMON hereinafter “Plaintiff” by and through his attorney, MICHAEL R DONAHUE, and pursuant to the Firearm Owner's Identification Act 430 ILCS 65/10 (a) hereby petitions this Honorable Court for relief from the Defendant Ilinois State Police's denial of his application for a Firearm Owner's Identification Card, and {n support thereof states as follows: 1. That on information and belief, the Plaintiff was convicted of Class 1 Possession/ Delivery of Controlled Substance on May 24, 1994 In the Circuit Court of Cook County. petrevfoid/garmonc, p.2 2. That pursuant to the aforesaid conviction, in the Circuit Court of Cook County, the Judge Presiding then entered an Order of Conviction and sentenced the Plaintiff to a term of of probation with specific terms and conditions. 3. That on Information and belief, after the period of probation, the Court terminated the Plaintiff's probation upon finding that the Plaintiff had successfully complied with all terms. 4. That the Illinols State Police have presently denied the Plaintiff's application for an FOID card based upon the Plaintiff being convicted of a felony. (A copyof correspondence from the Illinols State Police Is attached hereto as Exhibit “A".) 5. That the Plaintiff is 5S years old, married, the father of two adult children, one adult stepdaughter and grandfather of 1. Notwithstanding his documented felony conviction, he has a notable and dedicated work history, most recently and for the last 7 years, as a Gas Technician for Peoples Gas. It is highly doubtful that the Plaintiff would have achieved this success had he to date, as the Illinois State Police may argue, continued to participate in unlawful behavior. petrev foid/garmonc, p.3 6. That Plaintiff has been proficient with firearms since age 19, having learned firearms safety while serving in the United States Marine Corps, receiving a commendation for being an Expert Marksman and receiving an honorable discharge after 8 years, 4 years active and 4 years Inactive. Given the forgoing, he is aware of the responsibility and obligation of a firearm owner to ensure that his possession as well as use of a firearm Is taken with due regard for the wellbeing and safety of others, 7, That the Plaintiff's criminal history and reputation are such that he will not likely act in a manner dangerous to public safety, and granting relief would not be contrary to public interest, and granting relief would not be contrary to state or federal law 8. That the action of the Defendants In denying the Plaintiff's application for a Firearm Owner's Identification Card constitutes a substantial injustice. WHEREFORE, the Plaintiff, prays this Honorable Court grant his Petition and Order the Illinois State to direct the Illinois State Police to Issue him a Firearm Owner's Identification Card and for such other reliefas Is just and equitable. “dhs. lly Submitted, . CEDRIC LAMONT GARMON, Plaintiff petrev foid/garmone. p.4 State of Illinois ) SS: County of Cook ) VERIFICATION Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true. ' CEDRIC LAMONT GARMON, Plaintiff CERTIFICATION BY ATTORNEY I certify that I have read the above and foregoing Petition for Relief and affirm that the allegations are true to the best of my knowledge and belief, and are well grounded in fact an applicable Illinois law. PI Michael R. Donahue ARDC #6192045 Michael R, Donahue Attorney For Plaintiff 1250 N. Convent Bourbonnais, IL 60914 (708) 691-0457 donahueharleylaw@yahoo.com JO Pritcher © ILLINOIS STATE POLICE Dresswon of ectice Seresces BrendanF. Kelly Director January 9, 2023 p CEDRIC LAMONT GARMON 5359S UNION CHICAGO, IL 60609 Dear; CEDRIC LAMONT GARMON v Re: Firearm Owner's identification Card #2212340144 Your application for a Firearm Owner's identification (FOID} card has been denied pursuant to Section 4 of the Iitinols FOID Cord Act (439 ILCS 65/8). You are prohibited from possessing, purchasing, selling, tr ‘ansforrin or exchangin gg firearms of firearms armenunition based upon the ~ 18 USC'922 (g} (1) - Persons who have been convicted of a crime punishable by imprisonmen t for a term exceeding one year + 430 ILCS 65/B (c) - A person conviofcteda felony “MAN/DEL CONTROL SUBSTANCES-CLASS 1 5/24/1994 — Cook County, It There may be additional firearms prohibitors present in your beyond the specific grounds Identified above. Accordingly, before you appeal, you are encouraged to review Section § of the FOID Act. H you have questions about the denial of ‘your FOID Card or you need additional information about the appeals process, please visit the Office of Firearms Safety's website at: r{FirearmsSafety to find relevant checklists, forms, and frequently asked questions. if you have any questions, May Contact the Othe of Firearms Safety at Appesh 15? 1O% Milinglsney or call the Custo Servicemer Call Center at 217.782.7980 to speak to a representative of the Firearms Services Bureau. Minols State Police Firearms Services Bureau ‘SUE REVERSE S208 FOR APPEAL ESTRUCTIONS: ‘rraanns Services Bureaa: (871 South Seventh Steet * Suite 400M Laan INNA 217) 782 7HRO (woice) + 1 (CO) 255-3023 (TDD) eure * emer Ip Stacegow