By Dave Workman | Senior Editor
The Second Amendment Foundation and Illinois State Rifle Association have sued the Illinois State Police in federal court over the agency’s sluggish handling of Firearm Owner Identification (FOID) card applications and renewals.
The lawsuit was filed in U.S. District Court for the Northern District of Illinois, Eastern Division. It was filed on behalf of Illinois residents Ryan A. Thomas and Goran Lazic. Plaintiffs are represented by attorneys David G. Sigale of Wheaton and Gregory Bedell of Chicago. The lawsuit is known as Thomas, et.al. v. Illinois State Police, et.al.
Named as defendants in addition to the agency are ISP Director Brendan Kelly and Jessica Trame in her official capacity as Bureau Chief of the Illinois State Police Firearms Services Bureau. The lawsuit alleges they have allowed FOID Card and Concealed Carry applications to languish for interminable periods, thus violating the Second Amendment rights of law-abiding Illinois citizens, SAF said in a news release.
The lawsuit alleges that ISP “has swept or transferred funds totaling more than $29,500,000.00 from the State Police Firearms Services Fund, the State Police Operations Assistance Fund, and the State Police Services Fund away from these funds and into other accounts.”
According to the 16-page complaint, “The money was to be used for three purposes: administration of the Firearm Owners Identification Card (“FOID Card Act”), background checks for firearm-related services, and concealed carry licensing pursuant to the Firearms Concealed Carry Act (“FCCA”). Instead, the more than $29,500,000.00 has been subject to interfund transfers which are ostensibly to be repaid but which have not been, or swept into other accounts without an obligation to reimburse the funds at all.”
“The sweeping of funds has denied qualified Illinois citizens their rights and the ability to defend themselves and their families,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Because of this practice, ISP processing of FOID and concealed carry applications has slowed to a crawl, allowing paperwork to languish. That’s not just poor performance, it’s pathetic.”
“The citizens of Illinois have been delayed getting their FOID cards for months,” added ISRA Executive Director Richard Pearson. “It is evident that these fund sweeps have caused these delays.”
Illinois was the last holdout state to adopt a concealed carry statute, and it came only after SAF and the National Rifle Association filed separate lawsuits forcing the legislature to take action.
According to the complaint, Thomas has been fighting the state system for nearly three years. He had previously held a FOID card and carry license, but lost them when he moved out of state for a while. Since his return, to be closer to his children.
Lazic has had a FOID and CCL appeal pending since 2017 when a charge against him was dismissed and later expunged.
“It is inexcusable that the ISP has simply allowed these cases to gather dust,” Gottlieb said. “Denial of rights under color of law is an abomination to the Second and 14th Amendments of the Constitution and Illinois state law. ISP has had plenty of time to do the right thing, and didn’t. Now we’re asking the court to make them do it.”
