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*** UPDATED x1 *** ISRA files suit to enforce state FOID law requirements

Tuesday, Jul 21, 2020

* Press release…

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.

“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.”

The suit is here.

*** UPDATE *** From the Illinois State Police…

The Illinois State Police agree FOID applications should be processed quickly and within the statutory guidelines. Financial instability brought on by the lack of a budget in the prior administration greatly impacted the processing of FOID applications by the Firearms Services Bureau. Gov. Pritzker’s budget and the fiscal assurance it brings will allow the ISP to continue efforts to hire at least 32 additional analysts and invest in technology upgrades. This year alone, FSB processed 65,969 new FOID applications.

Nonetheless, with an explosion of applications and firearms purchases during the pandemic and current events — 62,832 FOID applications and 65,222 FTIP applications just last month — broader legislative remedies to streamline and modernize the FOID process will be necessary to meet statutory timelines. We look forward to working with all interested parties and members of the general assembly to reach those solutions.

The Firearms Services Bureau is committed to resolving the issues and meeting our public safety mission.

Background…

The number of new FOID applications received from June 1, 2020 through June 30, 2020 totals 62,823 compared to 25,359 for the same time period in 2019 resulting in an increase of 148%.

- Posted by Rich Miller        

32 Comments
  1. - Anonymous - Tuesday, Jul 21, 20 @ 12:37 pm:

    A wise man once observed that everyone has their own priorities.


  2. - 47th Ward - Tuesday, Jul 21, 20 @ 12:39 pm:

    Dang it. 12:37 was mine.


  3. - KentGray - Tuesday, Jul 21, 20 @ 12:42 pm:

    I’m at 110 days. No communication from ISP. Just a web page saying it’s processing.


  4. - Just Wondering - Tuesday, Jul 21, 20 @ 12:47 pm:

    Oh my finally a lawsuit that Thomas DeVore isn’t involved in and isn’t in Clay County.


  5. - Excitable Boy - Tuesday, Jul 21, 20 @ 12:48 pm:

    Can we just get rid of FOID in exchange for a meaningful law to prevent straw purchases? The law accomplishes very little other than getting people riled up.


  6. - Back to Work - Tuesday, Jul 21, 20 @ 1:02 pm:

    >>>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 to be a top 5 issue when it comes to the government. Just like the IRS, it’s a one way street with government, and that’s wrong when they delay in so many areas that are important to citizens.

    So, I like when I hear this above statement being made, because it’s 100% valid.


  7. - RNUG up - Tuesday, Jul 21, 20 @ 1:11 pm:

    Mrs RNUG needs to renew hers. We’ll see how long it takes.


  8. - Nagidam - Tuesday, Jul 21, 20 @ 1:18 pm:

    ===Mrs RNUG needs to renew hers. We’ll see how long it takes.===

    She has 12 months after the end of the emergency declaration I believe. That won’t help her if she wants to purchase anything as FFL’s typically will not accept a FOID card that is expired even with the new extension rules at ISP.


  9. - 1st Ward - Tuesday, Jul 21, 20 @ 1:25 pm:

    “The law accomplishes very little other than getting people riled up.”

    That does not appear to be the case. Better enforcement funding/resources would help. The database is helpful.

    https://www.chicagotribune.com/news/ct-met-illinois-guns-foid-cards-revoked-20190520-story.html


  10. - Rigby - Tuesday, Jul 21, 20 @ 1:29 pm:

    My Father applied for renewal on March 7th, still waiting. He has had an FOID card since the early 70s.


  11. - Seats - Tuesday, Jul 21, 20 @ 1:37 pm:

    My family member filed for an initial FOID card on April 25th and still waiting.


  12. - fs - Tuesday, Jul 21, 20 @ 1:37 pm:

    Curious if there’s any correlation between an increase in delays and points when isp firearms services had responsibilities added of processing concealed carry and firearms dealer licensing.


  13. - JS Mill - Tuesday, Jul 21, 20 @ 1:41 pm:

    I thought the GOP didn’t like litigious people? It seems like all so called conservatives do these days is sue people.


  14. - Excitable Boy - Tuesday, Jul 21, 20 @ 1:44 pm:

    - The database is helpful. -

    That’s what you took from that article when 80% still have their guns?


  15. - Donnie Elgin - Tuesday, Jul 21, 20 @ 1:44 pm:

    Good on the ISRA - the ISP has been foot-dragging with promises of a new FOID call center and new firearms analyst for years.

    https://newschannel20.com/news/local/isp-expanding-foid-call-center-03-01-2020


  16. - ddp76 - Tuesday, Jul 21, 20 @ 1:55 pm:

    FWIW, my license plate transfer is at 14 weeks. It expires at the end of August. Hope it is done by then. ALSO, I had to do it at a currency exchange who then submits it to SOS. I had to do that because in person service was impossible and online was not allowed for that type of transaction. Meanwhile, my daughter is driving a car that may or may not register properly. Probably not a problem here. But out of state at school it could be.


  17. - 1st Ward - Tuesday, Jul 21, 20 @ 1:59 pm:

    “That’s what you took from that article when 80% still have their guns”

    The database is helpful if the state provides the resources/funding to enforce which is what my comment said. So yes.

    Do you have a better solution outside of just get rid of it since we don’t fund the enforcement?


  18. - BGA Shill - Tuesday, Jul 21, 20 @ 2:08 pm:

    They took my 6 bucks two months ago. I want my money back


  19. - fs - Tuesday, Jul 21, 20 @ 2:09 pm:

    ==Do you have a better solution==

    Nix the foid home possession and purchase, with concealed carry for public possession. If the person is prohibited, enforce it at the time of conviction or admission, or when a person is pulled over and found in possession while showing in the system as being prohibited… like 40+ other States do.

    The foid is an outdated relic from a time before federal background checks in the 80’s. It’s been a pointless, redundant, and expensive bureaucratic headache since.


  20. - Excitable Boy - Tuesday, Jul 21, 20 @ 2:11 pm:

    - Do you have a better solution outside of just get rid of it since we don’t fund the enforcement? -

    As stated above I believe laws focusing on straw purchasing would have a more meaningful impact on keeping guns away from dangerous people. Keeping FOID around with the hope that someday it may be enforced has been a waste of time and resources.


  21. - JohninChicago - Tuesday, Jul 21, 20 @ 2:44 pm:

    Try calling the FOID assistance number provided on line. After routing you through a maddening number of dead ends you get to be put on hold. I’ve been on hold several times for over an hour and never reaching a human. My application for a renewal has been pending for months. Stop the insanity of this poorly run office.


  22. - up2now - Tuesday, Jul 21, 20 @ 2:54 pm:

    Gee, I applied for mine at the beginning of this month. Guess I have a long time to wait.


  23. - RNUG - Tuesday, Jul 21, 20 @ 3:00 pm:

    == That won’t help her if she wants to purchase anything … ==

    Not a problem; doubt she would want to. We have a full gun safe.


  24. - fs - Tuesday, Jul 21, 20 @ 3:12 pm:

    == Financial instability brought on by the lack of a budget in the prior administration greatly impacted the processing of FOID applications by the Firearms Services Bureau.==

    Odd that they didn’t mention the fact that the firearms services bureau staffing was gutted under the Blago and Quinn administrations. I’m sure that was just an oversight leaving that out.


  25. - Froganon - Tuesday, Jul 21, 20 @ 3:30 pm:

    Pass the Fair TAx, you get what you pay for. More tax money = faster/better service.


  26. - Nagidam - Tuesday, Jul 21, 20 @ 3:42 pm:

    ===Pass the Fair TAx, you get what you pay for. More tax money = faster/better service.===

    The services the Illinois State Police provide to enforce the FOID card mandates are 100% funded by user fees. There was a report last year that showed the system was raided/swept to the tune of almost $30 million.


  27. - Nagidam - Tuesday, Jul 21, 20 @ 3:44 pm:

    ===Curious if there’s any correlation between an increase in delays and points when isp firearms services had responsibilities added of processing concealed carry and firearms dealer licensing.===

    The dealer licensing rules were just finalized so I think the answer is the problem will just get worse.


  28. - Elmer Keith - Tuesday, Jul 21, 20 @ 3:55 pm:

    Prior to the passage of Brandon Phelps’ concealed carry billi in 2013, ISRA Executive director-for-life Richard Pearson couldn’t grovel low enough to the IL State Police. Along with former (thank God) NRA lobbyist Todd Vandermyde, they voluntarily agreed to a $150 fee for the CCL, supposedly so ISP would have plenty of money to process applications, so they told their members.

    Then in Phelps’ 2015 “cleanup” to his carry bill, these same traitors expanded the Duty to Inform to everyone in a vehicle, in order for ISP to drop its opposition to gun and ammo sales at the Grand American trap event in Sparta (closed this year). Preemptive capitulation and “we’ll fix that part of the bill later” is the specialty of the gun hicks. All they know how to do is lose.


  29. - Friend of the Family - Tuesday, Jul 21, 20 @ 4:57 pm:

    Will and FFL sell to someone with an expired FOID? Maybe the state is artificially suppressing 2nd Amendment rights by delaying the processing of FOID cards. Will police accept an expired CC card if the holder states they sent in the application? My guess is no, so the state then suppresses that right by not processing cards in a timely manner. How many requests for FOID and CC were made February or earlier? A lot that have not been processed.


  30. - Nagidam - Tuesday, Jul 21, 20 @ 4:58 pm:

    @Elmer Keith

    There was plenty of money to run the entire system that deals with FOID and CCW. The money was swept to the tune of $30 million. There is no duty to inform unless asked by law enforcement. Meaning if they don’t ask you don’t voluntarily have to tell them. I’m not sure why in todays climate you would not want to tell a law enforcement officer you are carrying a concealed weapon.


  31. - Todd - Tuesday, Jul 21, 20 @ 5:22 pm:

    –Will and FFL sell to someone with an expired FOID? Maybe the state is artificially suppressing 2nd Amendment rights by delaying the processing of FOID cards. Will police accept an expired CC card if the holder states they sent in the application? My guess is no, so the state then suppresses that right by not processing cards in a timely manner. How many requests for FOID and CC were made February or earlier? A lot that have not been processed.

    ATF has informed dealers not to the expired FOId on the 4473. it must be a valid ID, DL, State Id, passport. The dealler will run the FOID for the FTIP check on the purchase.

    most LEs have been made aware of the issue and the extension ISP has given due tot he pandemic. and charge on that would seem to be tosseed after a quick google search.

    I have not read the suit but no mention of FTIPs. State police have 72 hours to process them and we are seeing some go 30 days. FSP i a wasteland and customer service ranks right up there with IDES.

    By virtue of ISP arbitrarily and without legislative authority extending FOIDs for over a year, it calls into question the whole need for the system in the first place. If the state police by the wave of a hand can say you’re good for a year after the EOs on the pandemic end, what good does it serve?


  32. - Anonymous - Tuesday, Jul 21, 20 @ 7:30 pm:

    On Thursday, July 23, 2020, I will be at 120 days since my application was submitted and my fee paid and ZERO correspondences or updates, other than “under review” from the State RE: FOID application.
    Unbelievable…


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