Lawsuit Challenges Illinois Firearm Owner Identification Card Requirement

A federal lawsuit filed Tuesday seeks to overturn Illinois' Firearm Owner's Identification Card requirement. The complaint argues the licensing scheme violates the Second Amendment and the Due Process Clause of the Fourteenth Amendment. The New Civil Liberties Alliance brought the action on behalf of several Illinois residents, including a Navy veteran and a restaurant owner.

Illinois requires anyone to obtain a Firearm Owner's Identification Card before possessing any firearm or ammunition, according to the Illinois State Police Firearms Service Bureau.

Massachusetts is the only state with a similar requirement for all firearms. New York requires a license for handguns and semiautomatic rifles, according to the Giffords Law Center. Several other states have enacted permit-to-purchase or licensing schemes for handgun ownership, including New Jersey, California, Rhode Island and Maryland.

Arguments in the Complaint "By absolutely prohibiting Illinoisans from exercising a fundamental right unless and until they apply for and receive the State's approval, the FOID Card Act violates both the Due Process Clause of the Fourteenth Amendment and the Second Amendment," the complaint says.

"Under the FOID scheme, the state denies all residents the right to keep and bear arms unless and until they satisfy the ISP that they are eligible—and reserves the right to revoke permission instantly, at any time," the complaint says. "If you have a right to do something, that means you don't need to ask the government's permission.

And if the government has a lawful reason to take away your rights, it has to prove its case in court," Jacob Huebert, NCLA senior litigation counsel, said in the release. The suit names the Illinois Attorney General, Cook County State's Attorney and Illinois State Police Director as defendants.

The Illinois Attorney General did not immediately respond to a request for comment.