avatar


illinois foid card lawsuit
TTAG image by John Boch

Next Post Coming Soon…▶

Yes, Illinois still has the much-reviled Firearms Owners ID Card. However, thanks to a class-action lawsuit settlement, the Illinois State Police have agreed to end their egregious practice of fee stacking, charging FOID applicants an extra dollar to process their application fee for the 10-year license.

The ISP announced the proposed settlement in recent days. It nets the Maag law firm a $100,000 payday while leaving roughly 2.5 million Land of Lincoln FOID holders with nothing other than the good news that the dollar will no longer be charged for renewals once the settlement is finalized.

Here’s the email sent to FOID holders in recent days notifying them of the proposed settlement to end the practice of fee stacking.

ROGER ********** **

*** ***********  
*******, IL 6****

     This form is to notify you of a class action lawsuit, pending in the Third Judicial Circuit, Madison County, Illinois, which may affect your rights. The case name is Gary Sterr, individually and on behalf of others similarly situated v. GREGORY HACKER, in his official capacity as Chief of the Firearms Services Bureau, and MICHAEL W. FRERICHS, in his official capacity as Treasurer of the State of Illinois, Case No. 2015-L-2337, Madison County, Illinois.

     Generally, the case alleges that 430 ILCS 65/5 sets the cost for an Illinois Firearms Owners Identification Card at $10.00. However, since March 15, 2015, Defendants have charged the $10.00 statutory fee plus applicable processing fee for an Illinois Firearms Owners Identification Card (“FOID”). Currently, there exists no mechanism to obtain an Illinois Firearms Owners Identification Card for $10.00. Defendants deny the allegations, and claim that the charges for a FOID card are in compliance with the law.

     Plaintiff seeks to prevent Defendants from charging in excess of $10.00 to obtain a FOID card.

     The parties have agreed to a proposed settlement. A general description of the proposed settlement is that as part of the settlement, Defendants will provide an option to apply for a FOID card, specifically by electronic check, without charging additional processing, above the $10 fee, unless and until the Illinois General Assembly changes the law. In exchange, Defendants will pay class counsel up to $100,000.00 in litigation costs and attorney fees, as ultimately approved by the Court. This is only a general description, and the filings are with the Court’s control.

     The Court has appointed Gary Sterr as class representative. 

     The Court has appointed Thomas G. Maag and Peter J. Maag, of the Maag Law Firm, LLC, 22 West Lorena Avenue, Wood River, IL 62095, as class counsel.

     The Defendants are represented by Laura K. Bautista, of the Office of the Illinois Attorney General, 500 South Second Street, Springfield, IL 62701.

     If you wish to remain as part of this lawsuit, you do not have to do anything. By remaining part of this class, you will be bound to the settlement along with the Defendants.

     If you wish to opt out of this case, unless you have previously timely and properly opted out, you need to check the box marked “opt out”, complete and sign the form, and return it timely to the Maag Law Firm, LLC 2 West Lorena Avenue, Wood River, IL 62095 on or before March 2, 2022. Any person who has not or does not timely and properly opt out shall be bound by the judgment of the Court in this case.

     If you have a legal objection to this settlement, you will need to file same, with the Court, in Madison County, Illinois, either with or without an attorney, on or before March 2, 2022. Objections should indicate whether you or your attorney intend to appear to argue the objections in person. Copies of the legal objections should be mailed to:

Thomas G. Maag
Peter Maag
Maag Law Firm, LLC 
Wood River, IL 62095

Laura K. Bautista
Office of the Illinois Attorney General
500 South Second Street
Springfield, IL 62701

                                I wish to opt out of this case. I understand that my FOID card processing time will not be affected one way or the other, if I opt out or remain in the class.

                                I wish to remain a class member in this case.

_________________________________________

Full and Complete Name 

________________________

FOID Card #

_________________________________________

Full and Complete Address, including city          

________________________

Date of FOID Card Application

_________________________________

Phone Number     

________________________

Date of FOID Card Expiration

_________________________________________

Signature

________________________

Date

     If you wish to remain as part of this lawsuit, you do not have to do anything.

     If you wish to opt out of this case, you need to check the box marked “opt out”, complete and sign the form, and return it timely to the Maag Law Firm, LLC 22 West Lorena Avenue, Wood River, IL 62095. Any person who does not timely and properly opt out shall be bound by the judgment of the court in this case.

I’m the Executive Director of Guns Save Life here in Illinois. We have been contacted by scores of FOID card holders asking if we’re going to object to the settlement in order to secure more favorable terms.

Right now the answer is a firm no. However, if FOID holders wish to opt out to preserve their right to file suit on their own, they may do so. And FOID holders may also object, although I’m not sure if there’s a good reason for doing so other than the land sharks attorneys of record making out like bandits a nice payday on the settlement.

Make no mistake, GSL is not endorsing or supporting the settlement in the case of this failed gun control scheme that has made Chicago the peaceful utopia it has become.  Instead, we’re devoting our time and resources towards our lawsuit challenging the FOID Act’s constitutionality.

Next Post Coming Soon…▶



Source link

Leave a Reply

Your email address will not be published. Required fields are marked *