CHICAGO (AP) — A gun-advocacy group is pushing
ahead with a lawsuit over firearm owner identification cards in Illinois even
though a favorable new state law appeared to give them just what they sought: a
prohibition on the public release of gun-holder names.
The Illinois State Rifle Association wants to
continue the lawsuit in hopes a judge will eventually establish an unassailable
constitutional right to keep the ID-card data secret, the group's attorney,
Stanley Tucker, said Wednesday
"Theoretically, a future legislature could
reverse (the new law)" said Tucker, speaking after a Circuit Court hearing
in Peoria on the matter. "We will be pushing for a ruling on
constitutional grounds for that reason."
In response to a request from The Associated Press,
Attorney General Lisa Madigan's office ruled earlier this year the 1.3 million
names of FOID card holders are public under the state's open records law and
should be released. That set off a storm of protests from gun owners, who said
they feared criminals would use the information to steal guns or target those
who weren't armed.
At Wednesday's hearing, Circuit Judge Michael
Brandt dismissed the AP from the lawsuit. That leaves as the lone defendant the
Illinois State Police, and it has largely agreed with the rifle association's
staunch opposition to releasing the names.
The AP had withdrawn its public records request for
the information several months ago. The news organization's attorney, Donald
Craven, said the issue was moot and there was no reason for the case to go
further.
"Litigation is an adversarial process, and
there are no adversaries here," AP attorney Donald Craven. "They are
on the same team and have been from the beginning."
The attorney representing the state police in the
case, former Illinois Gov. Jim Thompson, conceded the point, saying that, with
the AP off the case, "you now have a plaintiff and a defendant who
substantially agree."
"They want us to pay (court) costs and we
don't want to pay costs," he added. "That's the only disagreement."
Advocates of tighter restrictions on guns have said
releasing cardholders' names would allow better public scrutiny of state
safeguards designed to prevent certain groups, including convicted felons, from
obtaining weapons.
Thompson said he would not oppose the state judge
offering a more sweeping ruling on constitutional grounds, saying it would
offer "more clarity." But judges, he continued, are often reluctant
to ground their opinions in the constitution when a relevant law is in place.
Madigan's office issued a decree early this year on
the issue after the state police refused to release to the names to the AP.
That's when the rifle association file its lawsuit naming the AP and the state
police, and the circuit court in Peoria entered a temporary restraining order
stopping the release of the cardholder names.
Illinois lawmakers voted in May to pass the measure
overturning the ruling by Madigan's office. With the new law in place, the AP
withdrew its request for the names, leading to its dismissal from the case on
Wednesday.
Messages seeking comment from Madigan's office on
Wednesday evening weren't immediately returned.
Copyright 2011 The Associated Press.
