Lawsuit Challenges Illinois Firearm Identification Card Requirement

The New Civil Liberties Alliance filed a federal lawsuit Tuesday against Illinois officials over the state's Firearm Owners Identification Card Act. The complaint, obtained by Fox News Digital, argues the law requires residents to apply for and carry an identification card at all times to possess any firearm or ammunition.

The suit contends the requirement deprives people of the right to keep and bear arms unless they first receive state permission. It challenges the law under the Second Amendment and the Fourteenth Amendment's Due Process Clause.

Illinois enacted the FOID law in 1967.

The statute has faced prior constitutional challenges, including a 2020 state trial court ruling that found it unconstitutional, though that decision applied only to individual plaintiffs. Three plaintiffs are named in the new complaint. Two say they have not obtained firearms for self-defense because they refuse to submit to the state's process.

The third obtained a card but objects to ongoing renewal and carrying requirements.

in the Lawsuit NCLA Senior Litigation Counsel Jacob Huebert said the law places the burden of proof on citizens at every stage. He stated that people facing urgent threats cannot obtain firearms immediately and must wait for state approval. Huebert argued that the system treats everyone as guilty until proven innocent, contrasting it with the normal requirement that government officials must present evidence in court before disarming someone.

The organization is seeking an injunction against Illinois State Police Director Brendan F. Kelly, Illinois Attorney General Kwame Raoul, and Cook County State's Attorney Eileen O'Neill Burke. The suit was filed in federal district court in Chicago and aims to establish precedent that would prevent enforcement of the law.