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Mishaga v. Monken (IL)

This federal lawsuit seeks to overturn Illinois's residency requirement on the possession of firearms.

The plaintiff resides in Ohio and frequently visits Illinois where where she resides in the homes of friends.  Ms. Mishaga wishes to possess a functional firearm for protection while residing in her friend's home in Illinois.  Possession of a firearm in Illinois generally requires an Illinois Firearms Owner's Identification Card (FOID).  Ms. Mishaga has twice been denied an FOID because she does not have an Illinois drivers license or Illinois identification card.  None of the available exceptions to the FOID law apply to her.  She alleges that her Second Amendment rights have been violated by the Illinois State Police's (ISP) refusal to issue her an FOID.

Supporters:
Ms. Mishaga is represented by James M. Manley of the Mountain States Legal Foundation.

Updates:

Pleadings appear to be complete in this case.

Documents:

  • Docket
  • 07/27/2010 - Complaint
  • 10/15/2010 - Defendant's MTD
  • 10/26/2010 - Plaintiff's opposition
  • 11/22/2010 - Order denying defendant's MTD
  • 12/17/2010 - Answer to complaint
  • 03/01/2011 - First amended complaint
  • 05/20/2011 - Defendant Vorreyer's Answer to amended complaint and affirmative defenses
  • 05/20/2011 - Defendant Monken's Answer to amended complaint and affirmative defenses
  • 10/03/2011 - Defendant's  MSJ
  • 10/03/2011 - Plaintiff's MSJ
  • 10/24/2011 - Defendant's response
  • 10/27/2011 - Plaintiff's response
 
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