There’s a New 2A Lawsuit You Need to Know About
A federal lawsuit filed in Illinois seeks to overturn the state’s Firearm Owner’s Identification Card (FOID) requirement, which mandates that residents obtain state approval before possessing any firearm or ammunition. The New Civil Liberties Alliance says the FOID Card Act violates the Due Process Clause and the Second Amendment by essentially forcing people to get permission to exercise a constitutional right and by allowing the state to revoke that permission quickly and at any time.
The suit was filed on behalf of multiple Illinois residents, including a Navy veteran and a restaurant owner, and names Illinois Attorney General Kwame raoul, Cook County State’s Attorney Eileen O’Neill Burke, and Illinois State Police Director Brendan kelly as defendants. The complaint also notes that only a few states have comparable licensing schemes for firearm ownership, while others impose licensing that may vary by firearm type.
Illinois officials have not immediately responded to requests for comment.
A federal lawsuit filed Tuesday sought to throw out a firearms licensing scheme in Illinois.
Illinois requires anyone to obtain a Firearm Owner’s Identification Card (FOID) before they can possess any firearm or even ammunition, according to the Illinois State Police Firearms Service Bureau. The New Civil Liberties Alliance announced the litigation in a Tuesday release, bringing the action on behalf of several Illinois residents including a Navy veteran and a restaurant owner.
“By absolutely prohibiting Illinoisans from exercising a fundamental right unless and until they apply for and receive the State’s approval, the FOID Card Act violates both the Due Process Clause of the Fourteenth Amendment and the Second Amendment,” the complaint filed Tuesday says.
The suit names Democratic Attorney General Kwame Raoul, Cook County State’s Attorney Eileen O’Neill Burke and Illinois State Police Director Brendan Kelly as defendants.
Massachusetts is the only state with a similar requirement for all firearms, while New York requires a license for handguns and semiautomatic rifles, according to the Giffords Law Center. Several other states have enacted either permit-to-purchase or licensing schemes for handgun ownership, including New Jersey, California, Rhode Island and Maryland, although some extend that scheme to include long guns.
“Under the FOID scheme, the state denies all residents the right to keep and bear arms unless and until they satisfy the ISP that they are eligible—and reserves the right to revoke permission instantly, at any time,” the complaint says.
“If you have a right to do something, that means you don’t need to ask the government’s permission. And if the government has a lawful reason to take away your rights, it has to prove its case in court. That’s how it’s supposed to work in America—but that’s not how it works now in Illinois,” NCLA senior litigation counsel Jacob Huebert said in the release. “The court should explain to Illinois officials that they can’t force people to get a license to exercise a constitutional right—and they can’t treat people as guilty until they prove themselves innocent.”
Raoul did not immediately respond to a request for comment from the Daily Caller News Foundation.
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