Group files federal lawsuit against Illinois’ gun owner ID law
(The Center Square) – A new challenge to Illinois’ requirement for gun owners to have a state police-issued license has been filed in federal court.
The New Civil Liberties Alliance announced the lawsuit Tuesday against Illinois State Police Director Brendan Kelly, Attorney General Kwame Raoul and Cook County State’s Attorney Eileen O’Neill Burke, challenging the constitutionality of the Illinois Firearms Owner’s Identification Card.
“Representing Navy veteran Christopher Laurent, Chicago chef and restaurateur Kim Dalton, and liberty advocate Justin Tucker, NCLA urges the U.S. District Court for the Northern District of Illinois to declare that the FOID Act violates the Second and Fourteenth Amendments to the U.S. Constitution and stop its enforcement,” the group said in a announcement.
The lawsuit said “Plaintiffs Christopher Laurent and Kim Dalton both wish to obtain a firearm for self-defense in their respective homes – but they have not done so because they do not have FOID cards, refuse to submit to the state’s unconstitutional procedure, and are unwilling to subject themselves to criminal prosecution by violating the law.”
The filing further said “Plaintiff Justin Tucker has obtained a FOID card, but he does not wish [to] keep it in his possession whenever he possesses a firearm or ammunition as the law requires, nor does he wish to renew it upon its expiration – though he does wish to retain his Second Amendment rights.”
A spokesperson for the Illinois State Police said they are “unable to comment on pending litigation.”
The Attorney General’s Office and the Cook County State’s Attorney’s officer didn’t immediately respond to messages seeking comment.
NCLA said Illinois and Massachusetts are the only two states that require residents to get a government license before possessing any type of firearm for any reason, something it says violates the right to keep and bear arms in the Second Amendment.
“The Fourteenth Amendment forbids states from depriving anyone of their liberty without due process of law,” the group said. “The FOID Act restricts this core liberty with no due process of law, and it flips the presumption of liberty, placing the burden of proof on citizens to get government permission to exercise their freedom.”
Violation of the FOID Card Act is a criminal offense with first-time violations leading to Class A misdemeanor charges punishable by a fine and up to 364 days of imprisonment. Repeat offenders can face felony charges with up to three years imprisonment.
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