Second Amendment Foundation Sues Illinois Over Restrictive CCW Residency Requirements

By Alan Gottlieb, Executive Director, SAF

Second Amendment Foundation
Second Amendment Foundation

BELLEVUE, WA –-(Ammoland.com)- The Second Amendment Foundation recently filed a lawsuit in federal district court in Illinois, challenging that state’s concealed carry statute that restricts otherwise qualified non-residents the rights and privileges of carrying concealed firearms based solely on their state of residence.

Joining SAF in this legal action are the Illinois State Rifle Association, Illinois Carry, Inc., and ten individual plaintiffs, all residing in other states and who are licensed to carry in those states. Under the restrictive Illinois statute, only residents from states with “substantially similar” requirements to obtain a carry license are allowed to apply for non-resident licenses.

Only four states currently qualify under that provision. They are Hawaii, New Mexico, South Carolina and Virginia. None of the individual plaintiffs reside in those states.

According to SAF founder and Executive Vice President Alan Gottlieb, this situation is not simply unfair, it is untenable and we believe unconstitutional.

“Our plaintiffs have qualified for carry permits or licenses in their own states,” Gottlieb said, “which means they have gone through background checks and other requirements that show they are responsible, law-abiding citizens. Yet, because of the current Illinois statute, their self-defense rights are suspended immediately after they cross the Illinois state line.”

Named as defendants in the lawsuit are Attorney General Lisa Madigan, Illinois State Police Director Hiram Grau and Jessica Trame, bureau chief of the State Police Firearms Service Bureau. Plaintiffs are represented by attorney David Sigale of Glen Ellyn, Ill.

“This lawsuit,” said Sigale, “is brought because it is unfair that otherwise qualified people from states outside Illinois, who work and travel in Illinois are barred from obtaining means to defend themselves in public solely based on their state of residence. We expect to correct that.”

“We’re asking the federal court for a declaratory judgment on equal protection and due process constitutional grounds,” Gottlieb stated. “It makes no sense at all for Illinois to enforce such a narrowly-defined law that seems to recognize the rights of some non-residents, while dismissing the rights of most other non-residents. We can’t allow that kind of discriminatory situation to stand.”

IllinoisCarry is pleased to be an active plaintiff in this lawsuit and wishes to thank the Second Amendment Foundation, Alan Gottleib, and Attorney David Sigale for bringing this suit forward.

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EricChristeebonicusCarl RazorDr. Strangelove Recent comment authors
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Eric
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Eric

“Permit ” to allow – for a fee to be able to use a Constitutional Right, is absurb .Law abiding citizens should be able to carry open or concealed in ANY State. Alaska allows open carry or concealed by any law abiding citizen. This includes people from other states. So why is it MY Legal Constitutional Right is Void in most other States? The 10th Amendment has been over stepped on the 2nd Amendment allowing States in Court to restrict firearms of Law Abiding Citizens. Lets vote in a Politcian speaking permit , that requires fingerprinting, 2 passport sized photos… Read more »

Chris
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Chris

National Concealed Reciprocity needs to happen! I have friends from other states like Texas for example that wont visit me here in Chicago because IL sucks and wont recognize any other permits but IL. Yeah IL “issues” non resident permits but they are virtually impossible to get, cost $300 and from what I hear you can only get one if you reside in one of the 4 or 5 states that have “similar” requirements for their states permits like IL. some of these states are HI and Virginia . If you can obtain a ccw permit in one state, you… Read more »

Carl Razor
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Carl Razor

We should get one(1) CCL good in all fifty(50) states.

teebonicus
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teebonicus

If the Congress would grow a pair and pass a Full Faith and Credit law, that would happen. The Constitution’s Article IV, Section 1 provides a delegated power to do just that.

Dr. Strangelove
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Dr. Strangelove

Well, IL can’t have those evil people from Cedar Falls, Mishawaka, Hayward and Cape Girardeau running around a peaceful place like Chicago, can they?

leo kodetsky
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leo kodetsky

How about Maryland,