Illinois Appellate Court Upholds FOID Act in NRA-Backed Challenge

Under the Firearm Owners Identification Card Act (FOID Act), Illinois requires a license and imposes fees to acquire and possess firearms.

In an NRA-backed challenge, Guns Save Life, Inc. (GSL) filed a lawsuit in state court in 2019 arguing that the FOID Act violates the Second Amendment and the right to arms guarantee in the Illinois Constitution.

This week, the Appellate Court of Illinois upheld the FOID Act in a 2-1 decision. The court read the U.S. Supreme Court’s NYSRPA v. Bruen decision as approving of shall-issue carry licensing regimes and concluded that shall-issue possession licensing regimes must also be constitutional. The court further determined that historical laws disarming dangerous persons, such as surety laws, supported the FOID Act, since the FOID Act prevents dangerous persons from possessing arms.

Justice DeArmond dissented, recognizing that there is no historical tradition of first prohibiting firearms acquisition and possession, and then determining who is eligible—to the contrary, historical laws (including the surety laws) generally presumed eligibility. He also noted that licensing regimes have traditionally affected only one’s right to carry firearms publicly—not the right to possess a firearm in one’s home. Additionally, Justice DeArmond argued that the FOID Act does not prevent dangerous persons from possessing arms, because they are ineligible to possess arms regardless of the FOID Act. Therefore, Justice DeArmond would have held the FOID Act facially unconstitutional.

The case, Guns Save Life, Inc. v. Kelly, will now be appealed to the Illinois Supreme Court.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit www.nraila.org/litigation to keep up to date on NRA-ILA’s ongoing litigation efforts.