The New Civil Liberties Alliance announced the filing of a federal lawsuit challenging the constitutionality of Illinois’ Firearm Owners Identification (FOID) Card Act. The case, Laurent, et al. v. Kelly, was filed in the U.S. District Court for the Northern District of Illinois.
According to NCLA, the lawsuit challenges Illinois’ requirement that residents obtain a FOID card from the Illinois State Police before possessing firearms or ammunition within the state.
The plaintiffs in the lawsuit are identified as Navy veteran Christopher Laurent, Chicago chef and restaurateur Kim Dalton, and liberty advocate Justin Tucker. NCLA is representing the plaintiffs in the litigation.
Lawsuit Challenges Licensing Requirement
According to the complaint, Illinois law requires residents to apply for and obtain a FOID card before legally possessing firearms or ammunition for any purpose, including self-defense within the home or recreational use.
NCLA argues the licensing structure violates both the Second Amendment and the Fourteenth Amendment to the U.S. Constitution. The organization contends the FOID Act improperly requires citizens to seek government approval before exercising what it describes as a constitutionally protected right.
The lawsuit asks the federal court to:
- Declare the Illinois FOID Act unconstitutional
- Find the law violates the Second and Fourteenth Amendments
- Prevent continued enforcement of the FOID licensing requirement
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Illinois Among Two States With Similar Requirement
According to NCLA, Illinois and Massachusetts are currently the only two states requiring residents to obtain a government-issued license before possessing firearms or ammunition.
The organization argues that constitutional rights should not require prior approval from an administrative agency. The complaint further alleges the FOID process places the burden on citizens to prove eligibility before exercising a constitutional liberty interest.
Statements Released by NCLA
NCLA released several public statements regarding the lawsuit.
Jacob Huebert, Senior Litigation Counsel for NCLA, stated:
“If you have a right to do something, that means you don’t need to ask the government’s permission.”
Huebert further argued that the government bears the burden of proving a lawful basis before restricting constitutional rights.
John Vecchione, Senior Litigation Counsel for NCLA, stated:
“We don’t ask a bureaucrat for permission to speak or worship.”
Vecchione compared firearm licensing requirements to protections involving speech and religious exercise under the Constitution.
Mark Chenoweth, President and Chief Legal Officer for NCLA, stated the case is focused specifically on advance governmental permission requirements related to firearm possession.
According to Chenoweth, the lawsuit is not intended to invalidate all firearm-related licensing systems, but instead challenges requiring prior approval merely to possess a firearm for lawful purposes.
About the New Civil Liberties Alliance
The New Civil Liberties Alliance describes itself as a nonpartisan nonprofit civil rights organization focused on constitutional challenges involving administrative agencies and government authority.
The organization was founded by legal scholar Philip Hamburger and frequently engages in public-interest litigation involving constitutional and administrative law issues.
Current Status
At the time of publication:
- The lawsuit has been filed in the U.S. District Court for the Northern District of Illinois
- No ruling has been issued by the court
- The State of Illinois had not publicly responded to the lawsuit in the information provided
- The case remains pending
Frequently Asked Questions
What is a FOID card?
A Firearm Owners Identification (FOID) card is a credential issued by the Illinois State Police that Illinois residents must generally possess in order to legally own or possess firearms and ammunition within the state.
What court was the lawsuit filed in?
The lawsuit was filed in the U.S. District Court for the Northern District of Illinois.
What constitutional claims are being made?
According to NCLA, the lawsuit alleges violations of:
- The Second Amendment
- The Fourteenth Amendment Due Process Clause
Is the lawsuit seeking to eliminate all firearm regulations?
According to statements released by NCLA, the lawsuit does not seek to invalidate all firearm-related licensing systems. The challenge specifically targets advance permission requirements tied to firearm possession.
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