SPRINGFIELD, ILL. (AP) -- UPDATED: December 8 at 9:05 p.m.
A Peoria County Circuit Court ruled Thursday that Illinois State Police are not required to release the names and addresses of people who have a Firearm Owner Identification Card...better known as a FOID card.
Last September a request was sent to the Illinois State Police asking for the name, date the card was issued and expiration date of everyone who had a FOID card.
The state police said that was an unwarranted invasion of privacy.
And today the court agreed saying that the state police were exempted by the Freedom of Information Act, which permanently bars the Illinois State Police from exposing the identities of firearms owners in the state.
The court entered a permanent injunction to the affect.
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UPDATE: April 8 at 5:30 a.m.
Out of state gun owners who come to Illinois do not need a FOID card.
That is the unanimous ruling of the Illinois Supreme Court.
The case stems from an incident in 2005 when a Indiana man was arrested for a having a gun in a closed backseat armrest in his car.
He was charged with felony unlawful use of a weapon because he didn't have a FOID card and he didn't have the gun in a case.
The court ruled that since he had a permit to carry a concealed weapon in Indiana he didn't need a FOID card as well.
The court also said that the armrest served as a case for the weapon.
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UPDATE: March 3 at 3:00 p.m.
About one point three million people in Illinois are authorized by the Illinois State Police to buy ammunition and be in the possession of any type of legal firearm.
That information, provided to the state police, through the registering of firearm owners identification cards is considered private. But now that all may change with a recent ruling from the Illinois Attorney General's Office.
The recent ruling says that the names of every FOID cardholder in Illinois can be made public. But the Illinois State Police say that they are going to challenge this ruling.
The potential release of the names came as part of a Freedom of Information Request from a reporter from Associated Press. And some people here in Western Illinois consider it an invasion of privacy if this goes through.
And right now a state senator from Hinsdale Illinois is asking the state police not to release any names because Kirk Dillard has filed legislation in the state general assembly that wouldn't allow the state police to release the names.
He wants to give lawmakers the chance to act on the proposed bill before anything happens
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“Everybody is entitled to their constitutional right to privacy. I disagree with the Attorney General’s office that everyone who holds a FOID card should have their private information available for public viewing. This endangers both public safety and our given right to privacy.
“I don’t feel that criminals should be given information that could help them target victims based on whether or not those individuals own firearms. This would also set a dangerous precedent on the invasion of personal privacy, as individuals who obtain FOID cards have already met extensive legal requirements and should not have to fear their personal information being made public.
“I stand behind the Illinois State Police in continuing to block FOID card data from being made public and support legislation (HB 7 and SB 27) which would not allow the release of this information,” said Representative Tracy.
- Statement from State Representative Jil Tracy (R-Mt. Sterling)
ORIGINAL STORY:
The Illinois attorney general says state police must release the name of everyone in the state who is authorized to own a gun.
Illinois state police determine who gets a Firearm Owners Identification card, which allows people to own guns. The police have always kept the list private.
But Attorney General Lisa Madigan's public access counselor released a letter Monday night saying the information should be public.
The Associated Press had requested the list of FOID cardholders but state police said that would violate the privacy of gun owners. The attorney general's office ruled that argument invalid.
The Illinois State Police says it disagrees with the recent opinion of the Attorney General’s Public Access Counselor (PAC) regarding the release of names of Firearm Owner Identification cardholders. The Department says it intends to request that the PAC issue a binding opinion so that the issue may be resolved through the judicial process.
There are Republican-sponsored bills in the Illinois House and Senate that would prohibit disclosure of the information.
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