FOID Delays

I am now going on 40 days of waiting on an FOID application to be processed and a card mailed to me.  During this wait I do not posses a valid card and can not purchase ammunition or firearms, sure hope I didn't want to purchase a firearm or ammunition for Christmas.

The Illinois State Police received and cashed the check.  This was accomplished in 4 days from being mailed to the check clearing my bank.  I have sent an inquiry using the ISP's online form, https://www.isp.state.il.us/foid/secure/foidinquiry.cfm, and am awaiting a response to that.  I will be contacting my State Representatives shortly.

Here is the Illinois Law that codifies the time the ISP has to act on an application and where the monies must go.  Unfortunately, Illinois law does not provide a means for the people to bring suit against the ISP for failure to process an application.  This effectively removes the burden of action within 30 days. 

(430 ILCS 65/5)(from Ch. 38, par. 83‑5)Sec. 5.

The Department of State Police shall either approve or deny all applications within 30 days from the date they are received, and every applicant found qualified pursuant to Section 8 of this Act by the Department shall be entitled to a Firearm Owner's Identification Card upon the payment of a $10 fee. Any applicant who is an active duty member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of the Reserve Forces of the United States is exempt from the application fee. $6 of each fee derived from the issuance of Firearm Owner's Identification Cards, or renewals thereof, shall be deposited in the Wildlife and Fish Fund in the State Treasury; $1 of such fee shall be deposited in the State Police Services Fund and $3 of such fee shall be deposited in the Firearm Owner's Notification Fund. Monies in the Firearm Owner's Notification Fund shall be used exclusively to pay for the cost of sending notices of expiration of Firearm Owner's Identification Cards under Section 13.2 of this Act. Excess monies in the Firearm Owner's Notification Fund shall be used to ensure the prompt and efficient processing of applications received under Section 4 of this Act.

So, I am now deprived of my Second Amendment rights without due process.  All in the name of  "identifying persons who are not qualified to acquire or possess firearms, firearm ammunition, stun guns, and tasers within the State of Illinois by the establishment of a system of Firearm Owner's Identification Cards, thereby establishing a practical and workable system by which law enforcement authorities will be afforded an opportunity to identify those persons who are prohibited by Section 24‑3.1 of the "Criminal Code of 1961", as amended, from acquiring or possessing firearms and firearm ammunition and who are prohibited by this Act from acquiring stun guns and tasers."-430 ILCS 65 "Firearm Owners Identification Card Act".

Thousands March on Illinois Capital to Support Gun Rights

Springfield, IL

March 10, 2010

The Illinois State Rifle Association, IllinoisCarry.com, Second Amendment Sister, Inc., and many other organizations that support the right to keep and bear arms marched on the State Capital March 10, 2010 to lobby the State legislature.  They were joined by Otis McDonald and David and Collen Lawson who are plaintiffs in the McDonald v. Chicago case.

As the march approached the call for "Concealed Carry Now!" could be heard resonating from those attending.  The group gathered on the front lawn of the capitol building and heard from ISRA Executive Director Richard Pearson and Otis McDonald, one of the plaintiffs in McDonald v. Chicago, a case recently heard in the U.S. Sepreme Court.  Some of the legislators took the time to come outside and address the group and expressed support for the cause.

After the rally outside, the group entered the capital building and dropped by their legislators offices to let them know how they felt.  Armed with a list of legislation they supported and opposed.  The predominate bill supported was a bill introduced by Rep. Brandon Phelps(D-Harrisburg) that creates a concealed carry permit system.  Opposed is a list of bills that further restrict private ownership of firearms including HB-5480 introduced by Rep. Harry Osterman(D-Chicago) that requires private individuals to go to the place of business of an FFL holder and have that FFL holder preform a background check under NICS.

I spoke with Richard Pearson, executive director of the ISRA, who said an estimate of over 6,000 attended the rally.  That fell short of the 10,000 goal, but was still an increase from the previous year.

Supreme Court - McDonald v. Chicago

Analysis: 2d Amendment extension likely

I found this to be a very interesting article. I urge everyone to read it.