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BRAGLIA v. McHENRY CTY. STATE'S ATTORNEY'S

No. 2-06-0572.

863 N.E.2d 1150 (2007)

Daniel G. BRAGLIA, Plaintiff-Appellee, v. McHENRY COUNTY STATE'S ATTORNEY'S OFFICE, Defendant. (Department of State Police, Appellant).

Appellate Court of Illinois, Second District.

February 27, 2007.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, John P. Schmidt, Assistant Attorney General, Chicago, for Illinois State Police.

John R. Buczyna, Law Office of John R. Buczyna, Schaumburg, for Daniel Braglia.

Justice McLAREN delivered the opinion of the court:

In this appeal, we consider whether the Department of State Police (Department) must be made a party to a judicial proceeding to determine whether, pursuant to section 10(b) of the Firearm Owners Identification Card Act (Act) (430 ILCS 65/10(b) (West 2004)), a firearm owner's identification (FOID) card should be issued to an applicant who would ordinarily be disqualified from holding one because of a conviction of...

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