Illinois Supreme Court Weighs Challenge to State Gun Restriction

Appeal challenges law prohibiting nonviolent felons from possessing firearms

Mar. 10, 2026 at 10:49pm

Got story updates? Submit your updates here. ›

The Illinois Supreme Court is weighing arguments in a case that challenges the state's ability to prohibit people with nonviolent felony convictions from possessing a firearm. The appeal argues the law conflicts with the latest U.S. Supreme Court standard on the Second Amendment, which says laws limiting the right to bear arms must be consistent with historical tradition. The case involves James Benson, who was convicted of misdemeanor battery, reckless discharge of a firearm, and unlawful possession of a firearm by a felon stemming from a 2021 domestic dispute.

Why it matters

This case could set a precedent for other people with nonviolent felony convictions in Illinois, potentially expanding gun rights for those individuals. It also highlights the ongoing legal debate over how to balance public safety concerns with constitutional protections for gun ownership.

The details

Benson argues the state law prohibiting felons from possessing firearms is unconstitutional as applied to his case. Under Illinois law, it is illegal for anyone 'to knowingly possess … any firearm or any firearm ammunition if the person has been convicted of a felony.' Benson was previously convicted of a felony in 2015 for aggravated unlawful use of a weapon. The state argues the law is consistent with historical precedents of regulating firearm possession by felons, while Benson's lawyers say there is no rational reason to take away gun rights for nonviolent offenses.

  • Benson was arrested on Christmas Eve 2021 following a domestic dispute.
  • Benson was convicted in 2022 of misdemeanor battery, reckless discharge of a firearm, and unlawful possession of a firearm by a felon.
  • In 2022, the U.S. Supreme Court issued a landmark ruling in Bruen v. New York State Rifle & Pistol Association that established a new test for reviewing gun control regulations.

The players

James Benson

An Illinois resident who was convicted of misdemeanor battery, reckless discharge of a firearm, and unlawful possession of a firearm by a felon in 2022 and is challenging the state's law prohibiting felons from possessing firearms.

Elizabeth Cook

An attorney with the State Appellate Defender's office who is representing Benson in his appeal.

Garson Fischer

An assistant attorney general for the state of Illinois who is defending the state's law prohibiting felons from possessing firearms.

Got photos? Submit your photos here. ›

What they’re saying

“The Second Amendment protects a core constitutional right, the right to bear arms. … Just as we would agree that a former felon has the right to a jury trial or the right to free speech, so we should presume that every free American is a member of 'the people' and entitled to full constitutional protection, including the right to bear arms.”

— Elizabeth Cook, Attorney, State Appellate Defender's office

“And we know it is because dating back to colonial times, penalties (for unlawful possession of a weapon) far more severe than mere disarmament were imposed on all felons, including nonviolent felons, people convicted of things like counterfeiting and forgery.”

— Garson Fischer, Assistant Attorney General

What’s next

The Illinois Supreme Court took the case under review but did not indicate when a decision would be issued.

The takeaway

This case highlights the ongoing legal debate over how to balance public safety concerns with constitutional protections for gun ownership, particularly for individuals with nonviolent felony convictions. A ruling in favor of the appellant could set a precedent expanding gun rights for certain felons in Illinois.