July 22, 2020
By Second Amendment Foundation
The Second Amendment Foundation and Illinois State Rifle Association 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.
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.”
“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.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.