BELLEVUE, WA – -(AmmoLand.com)- The Second Amendment Foundation confirmed today its federal lawsuit against the Illinois State Police that compelled the agency to hire additional personnel in order to clear a backlog of applications for Firearm Owner Identification (FOID) cards because the issue has been resolved, and dismissed.
The case was known as Marszalek v. Kelly.
Joining SAF in the legal action, which was filed in July 2020, were the Illinois State Rifle Association and several individual plaintiffs. The lawsuit was also supported by the Goldwater Institute of Phoenix, Ariz. Plaintiffs were represented by attorneys David Sigale of Wheaton, Ill., Gregory Bedell of Chicago, Ill., and Timothy Sandedur with the Goldwater Institute in Phoenix.
“The issue was quite simple and we’re glad it is resolved,” said SAF founder and Executive Vice President Alan M. Gottlieb. “In 2020 when the COVID-19 pandemic hit, restrictions were put in place in Illinois that caused the Illinois State Police to completely fail in its statutory responsibility to process applications for FOID cards in 30 days. However, the state was taking up to six months, and sometimes more, to complete this process, and the result was Illinois citizens were being denied the exercise of their Second Amendment rights.”
At the time, the State Police said pandemic restrictions prevented it from hiring additional staff to process applications while the agency updated its system. Thanks to pressure from SAF, ISRA, and the court, the State Police cleared the application backlog and acknowledged its obligation to speed up the process and comply with the time frame.
“We’re satisfied with the outcome,” Gottlieb said, “and we’re especially pleased at the support from the Goldwater Institute.”
While this lawsuit is dismissed, other legal challenges in Illinois are still pending.
Second Amendment Foundation
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
I think the FOID card is against the constitution, why do you need the states approval to buy ammunition or a firearm.
It’s bad enough to go thru the NICS bullshit let alone have the state get involved, most of the shootings in Illinois are done with stolen guns and the crooks didn’t go thru any back round checks.
“FOID” cards are UNCONSTITUTIONAL!!
Ever get sick of 2nd Amendment activity always involving police???
Had the default condition of the IL FOID card law been that the state had to issue temporary FOID cards if it could not process the request within 35 calendar days, there would not have been a backlog as hiring adequate staff would have been a priority. The back log was “a civil right denied” for a time until the application had been processed.
When did we become a Nation of Complainers? I go back to 1964 when I turned 12 and The NRA and local Sports Club taught me The Sport of Firearms and gave me a card that allowed me to Hunt or Target Shoot with an adult. Now before I was State Legal to do these things alone, well I did them alone anyway. Today many of us complain because we have to have a card or permit, yet we forget there are those among us who have abused their rights and cannot legally do so. Time to Grow Up and… Read more »