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NCLA Tells Federal Court: Stop Illinois’ Unconstitutional Universal Gun Possession Licensing Mandate

Christopher Laurent, Kim Dalton, and Justin Tucker v. Brendan F. Kelly, in his official capacity as Director of the Illinois State Police, et al.

Washington, D.C., May 19, 2026 (GLOBE NEWSWIRE) -- The New Civil Liberties Alliance filed the Laurent, et al. v. Kelly lawsuit today challenging the Illinois Firearm Owners Identification (FOID) Card Act, which requires everyone in the state to get a license from the Illinois State Police before possessing any firearm or ammunition—anywhere, for any reason, for any length of time. To obtain the license, citizens must initiate administrative proceedings with the Illinois State Police and satisfy the government that they are not disqualified from firearm ownership. Representing Navy veteran Christopher Laurent, Chicago chef and restaurateur Kim Dalton, and liberty advocate Justin Tucker, NCLA urges the U.S. District Court for the Northern District of Illinois to declare that the FOID Act violates the Second and Fourteenth Amendments to the U.S. Constitution and stop its enforcement.

Illinois and Massachusetts are the only two states that require their residents to obtain a government license before possessing any type of firearm for any reason. But the right to keep and bear arms is a fundamental right enshrined in the Second Amendment, which means people do not have to seek permission from police or any other state administrative body before exercising it. The Fourteenth Amendment forbids states from depriving anyone of their liberty without due process of law. The FOID Act restricts this core liberty with no due process of law, and it flips the presumption of liberty, placing the burden of proof on citizens to get government permission to exercise their freedom. NCLA is determined to end this injustice and prevent similar licensing restrictions on other constitutional rights.

NCLA released the following statements:
“If you have a right to do something, that means you don’t need to ask the government’s permission. And if the government has a lawful reason to take away your rights, it has to prove its case in court. That’s how it’s supposed to work in America—but that’s not how it works now in Illinois. The court should explain to Illinois officials that they can’t force people to get a license to exercise a constitutional right—and they can’t treat people as guilty until they prove themselves innocent.”
— Jacob Huebert, Senior Litigation Counsel, NCLA

“We don’t ask a bureaucrat for permission to speak or worship. We shouldn’t have to ask one before exercising the right of self-defense either.”
— John Vecchione, Senior Litigation Counsel, NCLA

“This case is not about invalidating all licensing related to guns. But requiring people to get permission from the government in advance even to obtain a gun for hunting or for self-defense in the home is outrageous. The point of having Constitutional rights is that we do not have to get the government’s permission to exercise them.”
— Mark Chenoweth, President and Chief Legal Officer, NCLA

For more information visit the case page here.

ABOUT NCLA
NCLA is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State. NCLA’s public-interest litigation and other pro bono advocacy strive to tame the unlawful power of state and federal agencies and to foster a new civil liberties movement that will help restore Americans’ fundamental rights.


Joe Martyak
New Civil Liberties Alliance
703-403-1111
joe.martyak@ncla.legal

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