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2A Groups File Federal Lawsuit over Ill. FOID Card Delays

Posted By TGM_Staff On Tuesday, July 21, 2020 05:27 PM. Under Featured  

The Second Amendment Foundation and Illinois State Rifle Association have 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.

They allege the Illinois State Police has been dragging its feet on approving FOID card applications.

The lawsuit was filed in U.S. District Court for the Northern District of Illinois, Eastern Division, on behalf of four citizens identified as 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.

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