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SAF, ISRA FILE FED. LAWSUIT DEMANDING STATE POLICE STOP FOID CARD DELAY

BELLEVUE, WA – 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.

Thomas Kral

Thomas Kral is an avid gun rights advocate being involved in the movement in Illinois since 2012 and became one of the very first Concealed Carry instructors to be certified by the Illinois State Police in 2013.

Thomas is also a proud father and husband, having said, "The only things more important than 2nd Amendment issues and gun rights are my wife and kids."

5 Comments

  1. I purchased a gun over a week ago and told it is still pending for the back ground check when I have a foid and conceal carry. I am told the state can take as long as it wants but mean while my rights are ignored. the 72 hour rule the gov put in place is not being followed.

    1. I feel your pain, your frustration, and your disillusionment. I purchased a handgun in April 2020 the background check took 14 days to clear. I purchased another handgun in July, 2020 the background check took 10 days to clear. No excuses just a shameful lack government leadership. That said, don’t you be one day late of a deadline without paying heavy fines and late fees.

  2. My husband and I placed out application for renewal on March 30, 2020 and are still waiting. My husband has emailed with no response. There is absolutely no excuse for this long of a delay – our records are squeaky clean. There has been no follow up on their part.

  3. Lets not worry about fix the Foid, What Happened to the suite to do away with the foid because its unconstitional? Lets start talking about that. Then theres no fixing the Foid Stop selling Bull.

  4. I applied in January 2020 for a FOID card and it took 72 days to process not the 30 days mandated by law. Likewise, my ‘Concealed Carry’ exceeded far beyond the 90 days mandated. That said, I learned the reason for the backlog is this, “In 2018 the Illinois State Comptroller authorized 35 million dollars taken out of the Illinois State Police budget in an attempt to fill a $298.2 million dollar budget shortfall causing layoffs within the ISP processing department creating this unnecessary burden on law abiding citizens. Their actions are shameful.

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