NCLA Files Lawsuit Against Illinois FOID Law

The New Civil Liberties Union (NCLA) has initiated a lawsuit against Illinois officials regarding the Firearm Owner Identification Act, commonly referred to as the FOID card law. This law mandates that residents of Illinois apply for and maintain identification in order to legally possess firearms and ammunition.

The complaint argues that the law is unconstitutional, labeling it a “total disenfranchisement” of the right to keep and bear arms. According to them, individuals are essentially denied the fundamental right to possess firearms for self-defense until they receive permission from the state.

The NCLA asserts that the FOID law infringes upon both the Second and Fourteenth Amendments, particularly the Due Process Clause of the latter. They are suing several officials, including Illinois State Police Commissioner Brendan F. Kelly and Attorney General Kwame Raoul, on behalf of three plaintiffs, seeking injunctive relief.

Two of the plaintiffs, Christopher Loughran and Kim Dalton, mentioned that they want firearms for personal protection but won’t submit to what they perceive as an unconstitutional process that could lead to criminal charges. Another plaintiff, Justin Tucker, obtained a FOID card but is frustrated by the need to renew it and carry it constantly. In Illinois, to maintain your right to bear arms, compliance with state law is required.

NCLA Senior Litigation Counsel Jacob Hubert explained, “If the police approach you and request proof of your authorization to exercise this right and you can’t present it, you’re breaking the law.” He emphasized that individuals who might urgently need firearms for self-defense are hindered by a lengthy application process imposed by the state.

According to Hubert, the expectation is flipped under the current law. Rather than a presumption of rights being granted, individuals must prove their entitlement to exercise them. Typically, if the government wishes to disarm someone, they must justify this through legal channels. However, Hubert argues that in Illinois, everyone is assumed guilty until they can prove otherwise.

The FOID law has been in place since 1967, yet its constitutionality has been challenged multiple times. In a 2020 court case, People v. Vivian Brown, a ruling deemed the law unconstitutional, but it only affects that specific case and doesn’t set a wider precedent.

By bringing this lawsuit in U.S. District Court in Chicago, the NCLA hopes to set a legal precedent that would effectively nullify the existing law. Hubert explained that should federal courts rule against the law, enforcement by Illinois authorities would cease.

Interestingly, Illinois is recognized as the second most restrictive state for gun laws, following California, but it still ranks 13th in the nation for gun homicides, according to data from the Centers for Disease Control, with an average of 8.2 deaths per 100,000 residents.

The NCLA’s pursuit of this case may impact the future of gun rights and regulations within Illinois, sparking further discussion on the balance between public safety and individual rights.