SAF, ISRA Sue to End Illinois FOID Card Processing Delays

From the Second Amendment Foundation:

The Second Amendment Foundation and Illinois State Rifle Association today filed a lawsuit in federal court seeking to force the Illinois State Police (ISP) to comply with the mandated 30-day requirement to issue a Firearm Owner’s Identification (FOID) Card if the applicant meets all qualifications.

The lawsuit was filed in U.S. District Court for the Northern District of Illinois, Eastern Division, on behalf of D’Andre Bradley, David D. Moore and Tara D. Moore, and Brett O. Shelton. They are represented by attorneys David G. Sigale of Wheaton, Ill., Gregory A. Bedell of Chicago, and Jacob Huebert of Phoenix, Ariz. The case is supported by the Goldwater Institute. The lawsuit is known as Bradley v. Kelly.

Named as defendants are ISP Director Brendan F. Kelly and ISP Firearms Services Bureau Chief Jessica Trame, in their official capacities.

“The law requires that the Illinois State Police either approve or deny a FOID card application within 30 days,” said SAF founder and Executive Vice President Alan M. Gottlieb. “But ISP has been dragging its feet, leaving applicants in limbo for months. Sometimes the agency doesn’t act for as long as 60 or even 90 days. You can bet that if a private citizen had to comply with a legal requirement within 30 days, he or she would be in big trouble for not meeting that deadline.

“This has been going on for years,” he added, “and it has to stop. It is especially important now, with the surge in FOID applications as a response to recent civil unrest that has included looting and violence. Illinois residents expect efficiency, not excuses, and they haven’t been getting it.”

“We’ve been looking at this problem for a long time, gathering information for filing this lawsuit, and that day has finally come,” added Richard Pearson, ISRA executive director.

 

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

comments

  1. avatar strych9 says:

    Get back to me when they sue to simply have the FOID card done away with.

    1. avatar Paul says:

      This, exactly! I just rolled out of bed, poured my first cup, and I thought they were suing to do away with that registration system. The FOID is unconstitutional, in and of itself.

    2. avatar KK says:

      In recent months, there was a court case that the ISRA was involved in that challenged the validity of the FOID card. Rather than asking for assistance from NRA’s more experienced lawyers, they decided to handle it with their own attorney. He did kind of a piss poor job of it, and failed. So we still have the FOID card as a result. If they had handled it properly to begin with, they would not have to be worrying about delays for something that could have been found unconstitutional.

      1. avatar JJ says:

        Didn’t old Wayne, fire the attorney the NRA legal team was using to help out? Didn’t he then end the NRA helping out, because he believed the attorney was part of a coup attempt against him?

        Also, they actually put an ad out looking for people to work this job. I’m not sure how recently, but I saw it last week and a month ago, it was not there.

      2. avatar The Crimson Pirate says:

        NRA never had very experienced attorneys. If you look at successful firearm cases across the country they were all started either by local groups or by Gottlieb or by Levy from CATO. NRA typically makes repeated attempts to have the cases consolidated with their own, then derail the cases. Finally, if it looks like things are going well NRA will try to jump on the bandwagon. No matter of they have any involvement or not NRA will come in at the end for any photo ops.

        They do the same thing with pro gun state laws; try to stop it, try to jump on the bandwagon, and show up for the news stories and pictures.

        Negotiating Right Away has opposed every major gun case before they supported and supported every federal and most state gun control laws before they opposed them. this goes all the way back tot he NFA and GCA, way before WLP came to be in control of the organization.

  2. avatar Dale Menard says:

    Well, citizens, if you haven’t noticed there are two sets of rules, one for you and one for the Government.

  3. avatar Dale Menard says:

    strych9. You will be glad to know that we have a lawsuit for that exact purpose.

  4. avatar Biatec says:

    I’m moving eventually. I’m tired of waiting periods, taxes, foid cards, Democrats and people who call the police on me for the pit fire being too high.

  5. avatar former water walker says:

    I belong to a End the FOID fakebook group. Until we can escape this awful state I’ll deal with it…looks like I need to join SAF.

    1. avatar SoCalJack says:

      I joined SAF and GOA not to long ago. The new recent gun owners, if they havent already, need to join several gun rights orgs, state and national. It’s part of a multi faceted effort to support our 2A rights. United we support each other.

    2. avatar tsbhoa.p.jr says:

      i belong to an end all fpalm groups group.

  6. avatar Debbie W. says:

    Suing not to flush FOID gives FOID standing. Bottom line…Gun Control no matter how it is sugarcoated and packaged remains rooted in racism and genocide. As Americans we cannot ever give any racist and nazi based agenda any credibility whatsoever.

  7. avatar GS650G says:

    Look at that Chicago pol with 83 guns. Tell me he went through legal channels for that haul.

    1. avatar Roger J says:

      14th Ward Alderman Ed Burke. One of the most senior members of the City Council and the most influential and powerful politicians in IL. A maniacal anti gunner.

  8. avatar John Hull says:

    It is a sad thing for the state to have to be dragged kicking and screaming to follow their own damn law. We wouldn’t even have concealed carry in this state if the Supreme Court hadn’t forced the issue. The corrupt liberals that run Illinois and Chicago do anything they can to throw rocks in the gears of due process. They don’t want citizens to exercise their 2nd Amendment rights, and will do anything to prevent it or at the least slow it down.

    1. avatar JJ says:

      How about the fact, we had to pass a law to force the state to stop using gas taxes for whatever they wanted it for. Instead of to fix the roads like it was supposed to. Then right after, they doubled the gas tax.

      Let’s not forget they siphoned all of the FOID money into the general fund, instead of using it process FOID applications. All the while, the head of the department and one of the females carried on an affair at work. Heavily reported on last year.

  9. avatar Darkman says:

    Once again begging “The Court” to do something. That should be handled by Courageous Citizens willing to fight for Their Rights.
    When Citizens Fear the consequences of fighting for Their Rights. More than they Fear the loss of Their Rights. They become Subjects and Tyranny Prevails. Tyranny is dependent on Fear. Courage is the Act of doing something in Spite of Fear.

    1. avatar DERP Darkman says:

      Cool man lead the way. Well, unless you’re a contemptible, cowardly Keyboard Commando, which you most assuredly are…

      1. avatar Darkman says:

        No need for anyone outside of Illinois to fight for a cause. Illinoisans Fear to Fight.

    2. avatar tsbhoa.p.jr says:

      “fear is a reaction.
      courage is a decision.”
      churchill, maybe.

    3. avatar Someone says:

      Okay, let’s say that we somehow get our courage together in Illinois. What’s next? Whom do we fight?

      1. avatar Darkman says:

        If you can’t answer that question. You’ve already lost.

  10. avatar uncommon_sense says:

    As I have stated on this website in the past, it is wrong when government says that you must get government approval before exercising your rights, on both a philosophical and pragmatic level.

    The philosophical level is obvious. We would never allow government to require that we get government approval before eating meals or being intimate with our spouses. And we should never let government require approval before we can acquire necessary items for effective self-defense.

    The pragmatic level should be obvious now as well. Governments can and do fail to act on their obligations to the citizenry, whether that failure is due to simple refusal to act (e.g. Seattle refusing to shut down their autonomous zone) or purposely providing inadequate resourcing.

  11. avatar Ralph says:

    Now if only the SAF and ISRA would sue to end Illinois.

  12. avatar John Boch says:

    Grumpy cat says good.

    But Jessica Trame is not longer the head of the unit.

    1. avatar Geoff "Ammo. LOTS of ammo..." PR says:

      “Grumpy cat says good.”

      Grumpy Cat, like Illinois gun rights, is dead :

      https://www.nytimes.com/2019/05/17/business/media/grumpy-cat-dead.html

      1. avatar John Boch says:

        Grumpy cat was probably grumpy to hear that.

  13. avatar simobros says:

    We POTG here in anti-gun rights MA are subjected to same injustices.
    State law requires your local law enforcement to reply within 40 days of approval or denial of a firearms license application. Whether it’s for an FID (low capacity long guns only) or an LTC. It’s not unusual to have wait times of many months. Especially in the larger cities where the police just plain don’t want anyone but them to own guns. In Boston, the process is so onerous people just give up. Different departments tack on all kinds of requirements that are not in the law such as letters of reference, gun club membership and even letters from doctors. Try to get your physician to write one of those!
    It’s typical in states run by DemoRAT super-majority rule. We’re far from alone. We need to re-elect President Trump so he can nominate more SCOTUS justices. I don’t see any other option. Gun control is a solid plank in the DemoRAT party platform. They’ll never back off from that position unless they’re dragged, kicking and screaming by SCOTUS.

    1. avatar Geoff "Ammo. LOTS of ammo..." PR says:

      “We need to re-elect President Trump so he can nominate more SCOTUS justices.”

      Vote, and bring ten of your friends who don’t ordinarily vote with you.

      Leftist scum will be doing everything they can to cheat.

      We must flood the polls…

      1. avatar Ironhead says:

        Yeah cause the ones he’s nominated have been real helpful. How many gun rights cases have they approved?

        Yep not one.

  14. avatar tsbhoa.p.jr says:

    oct will be one year i’ve been waiting for permission renewal.

    1. avatar Geoff "Ammo. LOTS of ammo..." PR says:

      Will you still be able to legally carry until it arrives?

      1. avatar tsbhoa.p.jr says:

        my ccw is still current so yeah. hard to fathom why having the one doesn’t eliminate the need for the other but, revenue. and legally they’ve stated that all the expired ones stay usable until some time after they’re caught up. not too handy tryin’ when tryin’ to convince somebody to relinquish a rami. best i can hope for is, “see- it’s pending. and my carry is up to date.”

  15. avatar sound awake says:

    so glad i moved from illinois to wisconsin
    one of the best things i ever did
    even if they get this fixed theres roughly 300 billion other things* that they wont
    *=the combined amount in dollars of illinois debt and unfunded pension/retiree healthcare costs

    1. avatar tsbhoa.p.jr says:

      i spend more time up there anyhow. got a sister there.
      shy of that pension tax, tho.

  16. avatar borg says:

    Could the FOID card requirement be declared unconstitutional if the ISP is not capable of administering it?

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