* Monday press release…
Today, the Illinois State Rifle Association and the Second Amendment Foundation have filed a lawsuit in federal court seeking to force the Illinois State Police (ISP) to comply with the mandated 90 and 120-day requirements to issue a Concealed Carry License if the applicant meets all qualifications.
“We hear every day from people frustrated with the delays in the Concealed Carry License process,” Richard Pearson, ISRA executive director. “The law gives the Illinois State Police a certain amount of time to respond to license applications and they routinely far exceed the allotted time. The delays are unacceptable and a lawsuit at this point seems to be the only way to get them stopped.”
The lawsuit was filed in U.S. District Court for the Northern District of Illinois, Eastern Division, on behalf of Nicholas A. Luce, Joseph R. Stacho, III, David M. Rice, Jerry J. Robinson. They are represented by attorneys David G. Sigale of Wheaton, Ill, and Gregory A. Bedell of Chicago. The lawsuit is known as Luce v. Kelly. Named as defendants are ISP Director Brendan F. Kelly and ISP Firearms Services Bureau Chief Jarod Ingebrigtsen, in their official capacities.
The Illinois State Legislature requires the Illinois State Police (“ISP”) to either approve or deny an application for a CCL card within either 90 days (if the applicant submits fingerprints with the application) or within 120 days (if the applicant does not submit fingerprints). But despite this statutory command, the Illinois State Police routinely ignores these requirements and takes months and months to respond to these requests.
“Honest citizens should not have to wait excessive periods of time just to exercise their Constitutional rights,” Pearson said. “The Illinois State Police needs to comply with the law in responding to Concealed Carry License applications. It is unfortunate that we have to file a lawsuit to ensure these applications are processed in a timely manner.”
The Illinois State Police declined to comment on the lawsuit specifically, but a spokeswoman defended the agency’s handling of Firearm Owner Identification Cards, which are required to possess guns, and Concealed Carry Licenses, which allow the holder to carry the firearm in unrestricted locations.
“Ensuring that FOID cards and concealed carry permits are promptly issued to Illinois’ citizens lawfully entitled to them is a priority for the Illinois State Police,” said Mindy Carroll, an agency spokeswoman. “For the safety and security of Illinois residents, it is imperative that all FOID and concealed carry applications are reviewed thoroughly and that all relevant background information is rigorously verified and researched.
“This is a time consuming and deliberate process. At times, the review process is lengthened due to the volume of applications, background verifications, and other operational considerations.”
Carroll noted that the Illinois State Police has added 25 Firearms Eligibility Analysts since March of last year to process these applications and seven more staff members starting this month.