SouthernWorldwide.com – Civil liberties advocates have filed a lawsuit against Illinois officials, challenging the state’s Firearm Owners Identification (FOID) Card Act. The New Civil Liberties Alliance (NCLA) initiated the legal action on Tuesday, targeting a state law that mandates Illinois residents to obtain and carry an identification card at all times to legally possess firearms or ammunition.
The NCLA argues that the FOID Card Act infringes upon constitutional rights. Specifically, they contend that the law violates both the Second Amendment, which protects the right to bear arms, and the Fourteenth Amendment, particularly its Due Process Clause.
The lawsuit names Illinois State Police Director Brendan F. Kelly, Illinois Attorney General Kwame Raoul, and Cook County State’s Attorney Eileen O’Neill Burke as defendants. The NCLA is seeking injunctive relief on behalf of three individuals who have been affected by the law.
Two of the plaintiffs, Christopher Laurent and Kim Dalton, wish to acquire firearms for self-defense. However, they have refrained from doing so because they are unwilling to comply with what they deem an unconstitutional state procedure. They also wish to avoid facing criminal prosecution for violating the law.
The third plaintiff, Justin Tucker, has already obtained a FOID card. Nevertheless, he objects to the ongoing requirement to renew the card and to carry it with him at all times. This requirement is stipulated by state law for individuals who wish to retain their right to bear arms in Illinois.
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According to NCLA attorney Michael Hupert, the law creates significant barriers for individuals who may have an immediate need for a firearm for self-defense. He explained that such individuals cannot simply obtain a firearm; they must first navigate the state’s application process and wait for an unspecified period.
Hupert further elaborated on the burden placed upon citizens. He stated that at every stage of the process, the onus is on the individual to prove their eligibility to exercise their rights. If an initial application is denied, the applicant can pursue an internal appeal within the Illinois State Police. Should they lose at these stages, they can then take the matter to court, but the burden of proof remains on them to demonstrate their entitlement to Second Amendment rights.
The FOID law was first enacted in Illinois in 1967. Its constitutionality has been questioned on numerous occasions over the ensuing decades. In a 2020 ruling, an Illinois state trial court declared the law unconstitutional in the case of *People v. Vivian Brown*. However, trial court decisions are binding only on the specific plaintiffs involved and do not establish a broader legal precedent.
By filing its suit in federal district court in Chicago, the NCLA aims to compel the court to issue a ruling that would effectively nullify the FOID Card Act statewide, thereby establishing a significant legal precedent.
Illinois is recognized for having some of the strictest gun laws in the United States, ranking second only to California according to a 2026 assessment by Everytown For Gun Safety. Despite these stringent regulations, Illinois still ranks 13th nationally in gun homicides. Data from the Centers for Disease Control (CDC) indicates an average of 8.2 gun deaths per 100,000 residents on an age-adjusted basis in the state.
