Continuing FOID Card Issuance Delay Challenged in Federal Court

From the Illinois State Rifle Association:

ISRA/SAF file federal lawsuit demanding State Police stop FOID card delay

Chatsworth, IL – The Illinois State Rifle Association and the Second Amendment Foundation 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.

Illinois State Rifle Association’s Richard Pearson

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

“These delays have gone on long enough. We had hoped to avoid litigation, but at this moment, we have no choice.”

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.”


Comments

Continuing FOID Card Issuance Delay Challenged in Federal Court — 20 Comments

  1. The first step by Lord Jumbo Boy, King Of Burgers And Gluttony, and his
    DEMOCRAT Leftist travelers to subvert our 2nd Amendment Rights is under way.

    This is why guns are selling at a record pace never before seen, that is IF you can
    find your firearm of choice.

  2. Old scam the ISP has been pulling for years, probably at the direction of Madigan since he’s the resident power player.

    Didnt they have just one ISP guy doing the processing and review, and was getting double triple overtime resulting in annual pay that was nearly incalculable?…

    much like the IDES/unemployment system under Dem rule and management—

    broken, corrupt, outdated process/equipment–

    let me guess all the added tax revenue from recent tax/fee increases goes to the Pension shortage and not into infrastructure and technology investments that would fix both these broke, backlogged (some on purpose) Dem controlled State Systems.

    Burger Boy Pritzker and Malfeasance Madigan have been useless to the people and only enrich themselves in glory and power.

  3. Considering that it is totally Unconstitutional, we have only three states that use FOID cards. Why is Illinois even one of them?

  4. Cindy to answer your question, the state of Illinois is subject to the whims of Cook county and its leaders…

    all democrats BTW…

    in 1968 Old Man Daley was afraid of Black Militants arming themselves, after a raid on the black panther Headquarters…

    so he instituted the FOID card system….

    NOW the rest of Illinois will have to subject themselves to the directives of Cook county and 2 other county’s…all Democrat….

    We need ,as a State to institute an Electoral College,just like we have for National elections, so that all of Illinois is represented…

    we have 102 counties..

    but are controlled by only 3 counties

  5. I don’t think we need an electoral college system like the federal government has.

    We have these problems because we basically have two houses of representatives.

    If you want more balance, the senate should represent geographic areas without regard to population as the US Senate does.

    Currently both senate and house districts are based on population.

  6. Cindy –

    It looks like around 16 states have some regulations requiring state permitting of some sort.

    Then you get into all the SHALL issue/MAY issue differences.

    As far as the constitutionality angle, from a Libertarian standpoint, I would agree. Although federal courts have held that such REASONABLE regulation is allowable by States without abridging Rights.

    One of my guilty pleasures is watching people’s reactions to visible weapons, such as cops standing in line at a store around here, or tourists who are all agog about guns in open-carry states.

    You feel like going “Boo!” just to watch them jump, but then that’s not rational.

    ✌️😎

  7. **We need ,as a State to institute an Electoral College,just like we have for National elections, so that all of Illinois is represented…

    we have 102 counties… but are controlled by only 3 counties**

    Sure, why don’t we make someone in Peru have their vote count for more than someone in Chicago.

    Land shouldn’t be represented. People should be. And the people continue to choose who represents them, even if you don’t like who they choose.

  8. Alabama, that’s exactly how the US Senate works, and it for good reason. It is BALANCED by the house that is by population. The idea is to prevent mob rule. 51% doesn’t have the right to oppress the other 49% and that’s what happens when EVERYTHING is tied to population. Too bad they don’t teach civics anymore.

  9. I am well aware of how the US Senate works.

    Not sure why you think that we should do that here in IL though.

    I also think it is hugely problematic in Congress too, and our nation has changed a ton since the system was created and it should be revisitted.

    A voter in WY has 29 times the voting power than I or you do in the US Senate.

    I strongly believe that people should matter more than land, and that people should have an equal voice (or close to it) regardless of whether to not they live in a sparsely populated state or not.

    Or, in the IL context, regardless of whether they live in Chicago or Peru.

  10. To be honest the idea just kind of popped into my head because I was thinking about what was said about an electoral college type thing here.

    I don’t know if it’s the solution, but I do think that chicago has way too much influence over the rest of the state.

    Once you leave Chicago you are almost in a different world, what is good for the city isn’t always good for everyone else.

    Really the only two solutions I can think of is make Chicago a state on its own, or some way to make the GA more representative of the various regions of the state.

    You may see the fact that the smaller states have more power in the senate as a problem, I see it as a feature.

    It slows things down and people have to be in more agreement to pass new laws.

  11. Here, changed this for you:

    “I do think that majority of voters have way too much influence over the rest of the state.”

  12. They do.

    That part of the state is so different than the rest of the state that they have very different interests.

    Why should someone who doesn’t live in an urban area have zero influence over their government as is currently the case in Illinois?

    Either solution I presented solves this obvious problem. This is exactly the problem solved by our constitution when dealing with small vs large states.

    I’m sorry that you were taught that you live in a democracy where majority rules, because we don’t.

    We live in a republic where there rights of the minority are to be protected from mob rule by a majority.

    I’d also be fine with separate states too, if you really want to stick with the idea that 51% should have absolute power over the 49%. Let’s just make sure Chicago keeps the pension mess, since that’s where all the bs flows from.

  13. Illinois should switch over to a unicameral legislature and require a 3/5 vote to pass anything.

    That would make it tougher for the mob to run roughshod over the minority, and it would also have the added bonus of putting a bunch of political types out of work.

  14. Cindy, I think you’re wrong about 3 states having VOID FOID cards. — Think we’re the only state.

  15. **Illinois should switch over to a unicameral legislature and require a 3/5 vote to pass anything.**

    Well, Dems already control over 60% of both chambers, so that wouldn’t impact much.

    So find something else to make sure that those you don’t agree with have less of a voice.

    Are y’all pushing for the same thing in GOP controlled states?

  16. I have been waiting 9 months.

    I realize covid has delayed things but really?

    I submitted in Nov 2019

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