Illinois State Police Agree To End ‘Fee Stacking’ for FOID Cards

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:

                                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.

     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.