Gun Rights Groups Sue State Police Over Concealed Carry Delays

ILLINOIS — Two gun rights groups are suing the Illinois State Police to force the state law enforcement agency to issue concealed carry licenses faster to those who qualify.

Under Illinois law, applications for concealed carry licenses must be approved or denied within 90 days if the applicant submits fingerprints or 120 days without fingerprints. But the Illinois State Rifle Association and Second Amendment Foundation, which filed the suit jointly in federal court, say state police often take months to process concealed carry applications.

“We hear every day from people frustrated with the delays in the Concealed Carry License process,” ISRA executive director Richard Pearson said in a news release. “The law gives the Illinois State Police a certain amount of time to respond to license applications and they routinely far exceed the allotted time. The delays are unacceptable and a lawsuit at this point seems to be the only way to get them stopped.”

State officials say they haven't had enough staff to process the backlog, but the agency has hired 32 additional investigators over the last year, so that may be changing.

As of January, about 176,750 Firearm Owners ID applications and 25,500 concealed carry applications were pending statewide, according to Center Square Illinois. The average wait times were about 123 days for both.

Emergency rules went into effect in September allowing 18-month extensions of FOID and CCL renewals, but gun rights advocates say that isn't enough.

“Honest citizens should not have to wait excessive periods of time just to exercise their Constitutional rights,” Pearson said. “The Illinois State Police needs to comply with the law in responding to Concealed Carry License applications. It is unfortunate that we have to file a lawsuit to ensure these applications are processed in a timely manner.”

The lawsuit was filed in district court on behalf of Nicholas Luce, an air traffic controller from Chicago; Joseph Stacho, a business law attorney from Naperville; David Rice, an investment trader from Chicago; and Jerry Robinson, a package delivery courier from Romeoville.

The four men are "concerned about being able to properly exercise their right to armed self-defense in public, especially given recent events and the current spate of carjackings that have plagued Chicago and the collar counties," according to the suit.

They are represented by attorneys David G. Sigale of Wheaton, Illinois, and Gregory A. Bedell of Chicago.

The suit names Illinois State Police Director Brendan F. Kelly and Firearms Services Bureau Chief Jarod Ingebrigtsen as defendants in their official capacities and charges them with violating the Second Amendment and the right to due process afforded by the Fourteenth Amendment.

The plaintiffs want state officials to admit their rights were violated, issue their concealed carry licenses immediately, and award them $80 to cover their application fees.

Read the suit below: