Can Illinois Require Permission to Touch a Gun?

In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione are joined by Litigation Counsel Jacob Huebert to discuss a newly filed federal lawsuit challenging Illinois’ Firearm Owner’s Identification (FOID) card system.The case, Laurent v. Kelly, argues that Illinois unconstitutionally requires residents to obtain government permission before they may possess, use, or even touch a firearm in their own homes. NCLA contends that the law violates both the Second Amendment and the Due Process Clause of the Fourteenth Amendment by forcing citizens to seek approval from the government before exercising a fundamental constitutional right.Jacob explains how the FOID system works, why delays and administrative hurdles can prevent law-abiding citizens from exercising self-defense rights for months at a time, and how the law compares to unconstitutional “prior restraints” in the First Amendment context.The episode also examines the experiences of the lawsuit’s plaintiffs, including a Navy veteran and Chicago residents who object to the idea that constitutional rights should depend on government permission slips. Mark, John, and Jacob further discuss the implications of the Supreme Court’s Bruen decision and why this challenge could have consequences beyond Illinois.