Tuesday, March 15, 2011

FOID Card Release TRO Extended

As reported earlier in the month, the Illinois State Rifle Association went to court to prevent the release of FOID card holders names by the Illinois State Police. At the time they were granted a temporary restraining order preventing the release of that information. In a hearing held today, ISRA was able to get a court order extending the TRO "until further order of the court."
The lawsuit filed on behalf of ISRA and its members on March 10, 2011, is moving forward with excellent results. After Attorney General Lisa Madigan announced that her office believes that release of FOID information to the public is proper under the Illinois Freedom of Information Act, the ISRA filed suit in Peoria (10th Judicial District) seeking a temporary restraining order preventing the release of names of FOID holders.

As previously reported, the temporary restraining order (TRO) was granted by judge Scott Shore, who then scheduled a status hearing for March 15th to set a date set for hearing arguments regarding the issuance of a preliminary injunction, since the TRO normally expires in ten days.

Prior to his court appearance on behalf of ISRA and the member plaintiffs, attorney Stanley Tucker was notified of a letter sent to Attorney General Lisa Madigan that was signed by 12 (a majority) of the Illinois congressional delegation. The non-partisan letter requested Lisa Madigan to rescind an attorney general directive issued to the Illinois State Police that sided with the FOIA request made by the Associated Press’ representative that the ISP release the names of FOID holders.

The latest court order extended the TRO indefinitely, until further order of court, and another “status” hearing was scheduled for April 14th. The defendants may file pleadings requesting additional relief, but for now the privacy of law-abiding firearm owners and the interest of public safety remain protected.

No comments:

Post a Comment