Group files federal lawsuit against Illinois' gun owner ID law
[May 20, 2026]
By Greg Bishop | The Center Square
(The Center Square) – A new challenge to Illinois’ requirement for gun
owners to have a state police-issued license has been filed in federal
court.
The New Civil Liberties Alliance announced the lawsuit Tuesday against
Illinois State Police Director Brendan Kelly, Attorney General Kwame
Raoul and Cook County State’s Attorney Eileen O’Neill Burke, challenging
the constitutionality of the Illinois Firearms Owner’s Identification
Card.
“Representing Navy veteran Christopher Laurent, Chicago chef and
restaurateur Kim Dalton, and liberty advocate Justin Tucker, NCLA urges
the U.S. District Court for the Northern District of Illinois to declare
that the FOID Act violates the Second and Fourteenth Amendments to the
U.S. Constitution and stop its enforcement,” the group said in a
announcement.
The lawsuit said “Plaintiffs Christopher Laurent and Kim Dalton both
wish to obtain a firearm for self-defense in their respective homes –
but they have not done so because they do not have FOID cards, refuse to
submit to the state’s unconstitutional procedure, and are unwilling to
subject themselves to criminal prosecution by violating the law.”
The filing further said “Plaintiff Justin Tucker has obtained a FOID
card, but he does not wish [to] keep it in his possession whenever he
possesses a firearm or ammunition as the law requires, nor does he wish
to renew it upon its expiration – though he does wish to retain his
Second Amendment rights.”
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A spokesperson for the Illinois State Police said they are "unable
to comment on pending litigation."
The Attorney General’s Office and the Cook County State’s Attorney’s
officer didn’t immediately respond to messages seeking comment.
NCLA said Illinois and Massachusetts are the only two states that
require residents to get a government license before possessing any
type of firearm for any reason, something it says violates the right
to keep and bear arms in the Second Amendment.
“The Fourteenth Amendment forbids states from depriving anyone of
their liberty without due process of law,” the group said. “The FOID
Act restricts this core liberty with no due process of law, and it
flips the presumption of liberty, placing the burden of proof on
citizens to get government permission to exercise their freedom.”
Violation of the FOID Card Act is a criminal offense with first-time
violations leading to Class A misdemeanor charges punishable by a
fine and up to 364 days of imprisonment. Repeat offenders can face
felony charges with up to three years imprisonment.
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