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Luce v Kelly - Enforcing FOID & CCL issuance


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#1 Euler

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Posted 05 March 2021 - 01:34 PM

The seemingly endless delays in approving Concealed Carry Licenses keep happening despite efforts to get the Illinois State Police to follow the lawful time frame to approve or deny these applications.

The Illinois State Legislature requires the Illinois State Police (ISP) to either approve or deny an application for a CCL card within either 90 days (if the applicant submits fingerprints with the application) or within 120 days (if the applicant does not submit fingerprints). But despite this statutory command, the Illinois State Police routinely ignores these requirements and takes months and months to respond to these requests.

Today, the Illinois State Rifle Association and the Second Amendment Foundation have filed a lawsuit in federal court seeking to force the Illinois State Police (ISP) to comply with the mandated 90 and 120-day requirements to issue a Concealed Carry License if the applicant meets all qualifications.

The lawsuit was filed in U.S. District Court for the Northern District of Illinois, Eastern Division, on behalf of Nicholas A. Luce, Joseph R. Stacho III, David M. Rice, Jerry J. Robinson. They are represented by attorneys David G. Sigale of Wheaton, IL, and Gregory A. Bedell of Chicago. The lawsuit is known as Luce v. Kelly. Named as defendants are ISP Director Brendan F. Kelly and ISP Firearms Services Bureau Chief Jarod Ingebrigtsen, in their official capacities.

It was hoped that litigation could be avoided but these delays simply are unacceptable and there does not seem to be anything to suggest that the delays will end any time soon.

These lawsuits are necessary to preserve and protect our Constitutional rights, but they come at substantial cost. We would greatly appreciate you supporting our Legal Assistance Committee to help defray the cost of fighting these battles in court.


EDIT: ISRA linked the wrong complaint....

Edited by Euler, 05 March 2021 - 01:37 PM.

The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#2 Silhouette

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Posted 05 March 2021 - 04:56 PM

Complaint:

 

https://www.saf.org/...1-Complaint.pdf



#3 tcstoner

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Posted 06 March 2021 - 06:08 AM

This link will keep you updated on the case:

 

Luce v. Kelly, 1:21-cv-01250 – CourtListener.com






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