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DeServi v. Bryant

United States District Court, N.D. Illinois, Eastern Division

October 3, 2014

RONALD DeSERVI, Plaintiff,
v.
ROBINZINA BRYANT, as Chair of the Illinois Concealed Carry Licensing Review Board, et al., Defendants

Page 922

For Ronald DeServi, Plaintiff: Joseph Dennis Obenberger, LEAD ATTORNEY, Attorney at Law, Chicago, IL; Reed Clayton Lee, J.D. Obenberger and Associates, Chicago, IL.

For Robinzina Bryant, as Chair of the Illinois Concealed Carry Licensing Review Board, Sergio Acosta, James Cavanaugh, Patrick John Chesley, John Diwik, G. Patrick Murphy, Virginia Wright, as Members of the Illinois Concealed Carry Licensing Review Board, Hiram Grau, as Director of the Illinois State Police, Jessica Trame, as Bureau Chief of Firearms Services, Illinois State Police, Defendants: Sunil Shashikant Bhave, LEAD ATTORNEY, Illinois Attorney General, Chicago, IL.

Page 923

MEMORANDUM OPINION AND ORDER

Hon. Harry D. Leinenweber, United States District Judge.

Before the Court is Defendants' Motion to Dismiss [ECF No. 25]. For the reasons stated herein, the Motion is granted in part and denied in part.

I. BACKGROUND

The following facts are drawn from the allegations in Plaintiff Ronald DeServi's Complaint, which are taken as true for the purposes of deciding this motion to dismiss. Gillman v. Burlington N. R.R. Co., 878 F.2d 1020, 1022 (7th Cir. 1989). Plaintiff applied for a license to carry a concealed weapon under Illinois' Firearm Concealed Carry Act (the " Act" ). 430 Ill.Comp.Stat. 66/10. Under the Act, the Illinois Department of State Police (" ISP" ) " shall issue a license to carry a concealed firearm" if the applicant:

(1) meets the qualifications of Section 25 of [the] Act;
(2) has provided the application and documentation required in Section 30 of [the] Act;
(3) has submitted the requisite fees; and
(4) does not pose a danger to himself, herself, or others, or a threat to public safety as determined by the Concealed Carry Licensing Review Board.

Id. 66/10(a).

Any law enforcement agency, however, may object to an applicant receiving a license if the agency has " reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety." Id. 66/15(a). If an agency objects, the application and the objection are reviewed by the seven-member Concealed Carry Licensing Review Board (" Board" ). Id. 66/15-20. The Board then considers only the application and the objection materials to decide whether to grant a license, unless at least four Board members vote to " request additional information [or testimony] from the law enforcement agency, [ISP], or the applicant." Id. 66/20(e).

Generally, the Board has 30 days from when it receives an objection to issue a decision. Id. 66/20(f). The Board will issue a license unless it finds " by a preponderance of the evidence that the applicant poses a danger to himself or herself or others, or is a threat to public safety." Id. 66/20(g). ...


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