illinois foid card lawsuit
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Yes, Illinois still has the much-reviled Firearms Owners ID Card. However, thanks to a class-action lawsuit settlement, the Illinois State Police have agreed to end their egregious practice of fee stacking, charging FOID applicants an extra dollar to process their application fee for the 10-year license.

The ISP announced the proposed settlement in recent days. It nets the Maag law firm a $100,000 payday while leaving roughly 2.5 million Land of Lincoln FOID holders with nothing other than the good news that the dollar will no longer be charged for renewals once the settlement is finalized.

Here’s the email sent to FOID holders in recent days notifying them of the proposed settlement to end the practice of fee stacking.

ROGER ********** **
*** ***********  
*******, IL 6****

Dear ROGER *******

     This form is to notify you of a class action lawsuit, pending in the Third Judicial Circuit, Madison County, Illinois, which may affect your rights. The case name is Gary Sterr, individually and on behalf of others similarly situated v. GREGORY HACKER, in his official capacity as Chief of the Firearms Services Bureau, and MICHAEL W. FRERICHS, in his official capacity as Treasurer of the State of Illinois, Case No. 2015-L-2337, Madison County, Illinois.

     Generally, the case alleges that 430 ILCS 65/5 sets the cost for an Illinois Firearms Owners Identification Card at $10.00. However, since March 15, 2015, Defendants have charged the $10.00 statutory fee plus applicable processing fee for an Illinois Firearms Owners Identification Card (“FOID”). Currently, there exists no mechanism to obtain an Illinois Firearms Owners Identification Card for $10.00. Defendants deny the allegations, and claim that the charges for a FOID card are in compliance with the law.

     Plaintiff seeks to prevent Defendants from charging in excess of $10.00 to obtain a FOID card.

     The parties have agreed to a proposed settlement. A general description of the proposed settlement is that as part of the settlement, Defendants will provide an option to apply for a FOID card, specifically by electronic check, without charging additional processing, above the $10 fee, unless and until the Illinois General Assembly changes the law. In exchange, Defendants will pay class counsel up to $100,000.00 in litigation costs and attorney fees, as ultimately approved by the Court. This is only a general description, and the filings are with the Court’s control.

     The Court has appointed Gary Sterr as class representative. 

     The Court has appointed Thomas G. Maag and Peter J. Maag, of the Maag Law Firm, LLC, 22 West Lorena Avenue, Wood River, IL 62095, as class counsel.

     The Defendants are represented by Laura K. Bautista, of the Office of the Illinois Attorney General, 500 South Second Street, Springfield, IL 62701.

     If you wish to remain as part of this lawsuit, you do not have to do anything. By remaining part of this class, you will be bound to the settlement along with the Defendants.

     If you wish to opt out of this case, unless you have previously timely and properly opted out, you need to check the box marked “opt out”, complete and sign the form, and return it timely to the Maag Law Firm, LLC 2 West Lorena Avenue, Wood River, IL 62095 on or before March 2, 2022. Any person who has not or does not timely and properly opt out shall be bound by the judgment of the Court in this case.

     If you have a legal objection to this settlement, you will need to file same, with the Court, in Madison County, Illinois, either with or without an attorney, on or before March 2, 2022. Objections should indicate whether you or your attorney intend to appear to argue the objections in person. Copies of the legal objections should be mailed to:

Thomas G. Maag
Peter Maag
Maag Law Firm, LLC 
Wood River, IL 62095

Laura K. Bautista
Office of the Illinois Attorney General
500 South Second Street
Springfield, IL 62701

                                I wish to opt out of this case. I understand that my FOID card processing time will not be affected one way or the other, if I opt out or remain in the class.

                                I wish to remain a class member in this case.


_________________________________________

Full and Complete Name 

________________________

FOID Card #

_________________________________________

Full and Complete Address, including city          

________________________

Date of FOID Card Application

_________________________________

Phone Number     

________________________

Date of FOID Card Expiration

_________________________________________

Signature

________________________

Date

    

     If you wish to remain as part of this lawsuit, you do not have to do anything.

     If you wish to opt out of this case, you need to check the box marked “opt out”, complete and sign the form, and return it timely to the Maag Law Firm, LLC 22 West Lorena Avenue, Wood River, IL 62095. Any person who does not timely and properly opt out shall be bound by the judgment of the court in this case.

I’m the Executive Director of Guns Save Life here in Illinois. We have been contacted by scores of FOID card holders asking if we’re going to object to the settlement in order to secure more favorable terms.

Right now the answer is a firm no. However, if FOID holders wish to opt out to preserve their right to file suit on their own, they may do so. And FOID holders may also object, although I’m not sure if there’s a good reason for doing so other than the land sharks attorneys of record making out like bandits a nice payday on the settlement.

Make no mistake, GSL is not endorsing or supporting the settlement in the case of this failed gun control scheme that has made Chicago the peaceful utopia it has become.  Instead, we’re devoting our time and resources towards our lawsuit challenging the FOID Act’s constitutionality.

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15 COMMENTS

  1. I’m really glad I live in the free state of Missouri.
    When I read of the total lack of Constitutional respect in states like Illinois, Massachusetts, California, and other freedom challenged states, I count my lucky stars.

  2. Wow! Lucky moi…what’ll I get? 23cents!?! OTOH I got my recent FOID in 2 weeks soup to nuts. Maybe my last as we’re “planning” a move east. Eff ILLanoy(fat boy bragging the credit rating is slightly above junk bond status).

  3. “If the State converts a right into a privilege, the citizen can ignore the license and fee and engage in the right with impunity.”
    (Shuttlesworth v. City of Birmingham, Alabama, 373 U.S. 262)

    Here in CA, the LASD charges a $30 fee just to take possession of your CCW application. If/when approved, it’s another $150 to get the permit itself. Absurd.

      • Geoff the Truck Stop Jizz Dumpster here makes a semi lucid point. Well, even a blind squirrel, and all that 🤷🏻‍♂️ …

  4. Can anyone show proof that any of the gun control schemes have ever prevented someone with criminal intent from getting a firearm?
    No law ever written has prevented a crme from happening. Laws only give authority to the State/County/ City/or Federal government to punish those who committed the crime.
    The FOID scheme has not and cannot stop anyone who wishes to harm/rob/rape/or kill another person from obtaining the means to do so. It only limits the ability of the law abiding to obtain the best means of defending themselves from an act of violence.

    • Just another couch commando, never lifting his actual finger to fight for the Second Amendment, but telling others who do, and pay out of their own pocket for the privilege of fighting for your rights, what A holes they are, for not doing it the way that they would do it.

      Well, NEIOWA, here is your chance. Get off the couch, and sue the state for the Unconstitutional FOID BS. Pay out of your own pocket, like I did, for the last 7 years, and maybe, just maybe, literal months of man hours on the file, you to can get paid at a rate roughly equal to what Popey’s chicken is presently paying short order cooks.

      I have come to the conclusion that we would have lost, both the American Revolution and the Second World War, if it was this generation that had to step up. We have a lot of talkers, critical of everyone, and almost no actual doers.

      Prove me wrong.

      • “Well, NEIOWA, here is your chance. Get off the couch, and sue the state for the Unconstitutional FOID BS.”

        (I’m assuming neiowa actually lives in Iowa…)

        Why would he do that???

        In Iowa, there is no FOID, no fee: We’re a Constitutional/Permitless Carry state. So, we did get off our couches, long ago, laying groundwork even BEFORE the original Brady and AWB took place.

        Sorry about your state, all you “couch/keyboard warriors”. Especially if the poster “Thomas Maag” in question is really the bottom feeder who made tons off the backs of the poor Illinois citizens… But a real bottom feeder would most likely shun this place.

  5. Me thinks the ghetto rats in Illinois carry all the time without a card & they get away with it, so why bother with this card thingy at all.
    Man up & tell the state to F O.

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