Mishaga v. Monken

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Mishaga v. Monken

ELLEN MISHAGA,

       Plaintiff,
   v.

JONATHON E. MONKEN, Director of
the Illinois Department of State Police,
 
      Defendant.

Introduction

Mishaga v. Monken is a Second Amendment case that is challenging the inability for out of state residents to acquire an Illinois Firearms Owner Identification Card (FOID). With certain limited exceptions not relevant in this case, no person may acquire or possess any firearm or ammunition in the State of Illinois without having in his or her possession a FOID issued by the Department of State Police. According to state law, an applicant for a FOID must possess either an Illinois driver's license number or a Illinois Identification Card number.

Because Ellen Mishaga is a resident of Ohio it is impossible for her to obtain a FOID, she has tried twice and her application was denied. Ellen's constitutional right to travel and keep and bear arms is deprived, as she cannot bear possess and carry firearms for self defense in the home where she is an invited guest.

This lawsuit seeks to find that the Illinois state law is unconstitutional. This case is sponsored by the Mountain States Legal Foundation

Status

The case is case number 3:10-cv-03187-MPM -CHE Docket filed in U.S. District Court Central District of Illinois Springfield Division

  • Please read the Docket for future updates in this case.
  • November 22, 2010 - Motion to Dismiss is DENIED. The Defendant is directed to file an answer to the Complaint by December 17,2010. Entered by Chief Judge Michael P. McCuskey

Calguns Discussion Threads

Intent

This suit seeks to do two things.

  1. Asks the court to declare that 430 ILCS 65/1 (Illinois sate law) is unconstitutional.
  2. Asks the court is to issue a permanent injunction against defendants from enforcing 430 ILCS 65/1 et seq against non-residents of the State of Illinois, or in the alternative, direct Defendant to issue Ms. Mishaga a FOID consistent with her most recent application.

Case Files

All files are here