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Springfield man sues after being denied gun ID card

Published: Thursday, July 10, 2014 11:33 p.m. CDT

SPRINGFIELD – A Springfield man is suing the Illinois State Police, saying the agency is taking too long to review his appeal of their denial of his Firearm Owner’s Identification card even though he received a gubernatorial pardon for previous felony convictions.

Donn Malwick, 63, filed the lawsuit against state police director Hiram Grau on June 20 in Sangamon County Circuit Court, The State Journal-Register reported Thursday.

Malwick is suing because he appealed his FOID card denial in September and hasn’t received an answer. A state police spokeswoman declined comment on the legal action, but said there is no “statutory mandate for the time period for the response to an appeal.”

Malwick had felony convictions for trying to cash a forged check at a Springfield bank in 1970 and for theft in Mount Vernon in 1969. Court documents show then-Illinois Gov. Jim Edgar pardoned Malwick on both convictions in January 1999.

The newspaper reported that Malwick indictated on his 2013 application that he had been convicted of a felony because he technically had been convicted. State police denied the application on those grounds in April 2013.

Malwick provided Edgar’s pardon letter to the court, along with letters from friends and acquaintances addressed to Grau. Among those letters was a note Sangamon County Sheriff Neil Williamson wrote in June 2013, saying Malwick had “admittedly used bad judgment,” but “in my estimation his integrity and character are above reproach.”

“I’ve got nothing but utmost respect for him,” Williamson said Tuesday. “I just felt that he was getting a raw deal in this case. I wanted to go to bat for him.”

Malwick’s attorney said the case is scheduled for a hearing in Sangamon County on Sept. 25.

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