Although the bottleneck in processing Firearm Owners Identification (FOID) cards likely results from understaffing rather than deliberate obstruction, one area legislator faults the FOID card itself as unconstitutional.
“Illinois is the only state in the country that requires it [for concealed carry],'' said state Rep. Dan Caulkins (R-Decatur). “I see some benefits but, at the same time, I think it’s an infringement. It should have never been passed.”
Caulkins was reacting to a report on NBC Chicago and an Illinois State Police news release advising applicants to expect delays. This is part of the first wave of renewals occurring since a 2008 state law went into effect allowing 10-year concealed carry permits.
According to data obtained from a FOIA request by NBC Chicago in August, 33,930 applications (renewals and first-time) were being processed at that time.
The overdue applications should be blamed on the Illinois State Police, Caulkins said, who evidently failed to gear up for the 50,000 expected renewals that came due over the summer.
The police “have refused to hire enough people,” he said. “They have not lived up to their obligations to the citizens of this state.”
But it’s not partisan ire driving the bottleneck, Caulkins noted, saying anti-Second Amendment Democrats likely want a flawless process and clear records of who owned firearms.
“People should be able to own a weapon to protect themselves, their families, their homes,” he said. My argument is, why should someone have to pay a fee, a tax, to exercise their constitutional right?”
Although Caulkins said the FOID card was unconstitutional and should be ended, he agreed that some type of concealed carry process should be in place. He has drafted legislation guaranteeing the right to a speedy appeals process before the Illinois police for FOID card applicants who have been denied, and will be seeking co-sponsors in the coming months.
“There is no other [constitutional] right you have to pay for,” he said. “If this same process was in place in order to vote, imagine what would happen.”
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