The Second Amendment Foundation today 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.”