Updated: Nov 30, 2020
As many now know, Mom-at-Arms was the first to shine light on the shenanigans involving Illinois legislators and the State Police regarding FOID card/Concealed Carry licenses in an article that complied lots of financial info (all found on a lunch break and then published lol). The findings being published led to a federal lawsuit on the matter (you’re welcome, ISRA. We didn’t know you were sitting on it in secret btw). Well, looks like more shenanigans are happening as we speak (and people want immunity lol).
Two Illinois officials seek summary judgment alleging sovereign immunity in a class action involving a disputed $1 vendor processing fee for Firearm Owner's Identification (FOID) card applications.
On Nov. 2, Chief of the Firearm Services Bureau of the Illinois State Police Gregory Hacker and Illinois Treasurer Michael Frerichs filed a cross-motion for summary judgment through Attorney General Kwame Raoul. The defendants argue that the “plaintiff’s request for damages is barred by sovereign immunity, and because plaintiff has not alleged any non-barred claim against defendants based on the challenged vendor processing fee.”
“Here, plaintiff seeks monetary damages against defendants in their official capacities as state officers for alleged wrongful collection of fees. Because this claim for damages is predicated exclusively on defendants’ official role as state employees, plaintiff’s suit is a suit against the state itself,” the memorandum in support of summary judgment states.
Class representative Gary Patrick Sterr also filed a motion for summary judgment through attorney Thomas Maag of Wood River, which was argued in January. Madison County Circuit Judge Dennis Ruth entered an order stating the issue had been taken under advisement, but no rulings have been entered.
Maag seeks summary judgment as to the unlawfulness of the challenged FOID card fee.
He argues that “it is undisputed that there exists no mechanism for anyone to obtain a Firearm Owner’s Identification Card upon the payment of a $10.00 fee, as it is undisputed that the only payment system that Defendants use to collect the fee charges $11.00. Defendant has not articulated any reason, justification or excuse as to why they can legally charge $11.00 for a FOID card.”
Gotta love it, right?! Wonder if Mr. Hacker or Mr. Frerichs are connected to any of these?