White v. Illinois State Police, No. 20-2842 (7th Cir. 2021)Annotate this Case
Illinois’s Firearm Concealed Carry Act creates a scheme for licensing individuals to carry concealed firearms in public. White was twice denied a concealed carry license. White unsuccessfully appealed the first denial in Illinois state court. Following the second denial, White and the Illinois State Rifle Association (ISRA) filed suit in federal court challenging the constitutionality of the Act.
The Seventh Circuit affirmed the dismissal of the suit. ISRA lacks Article III standing. White’s facial challenges to the Act are precluded by the state court judgment. The Act does not violate the Second Amendment as applied to the denial of White’s second application. White has two criminal convictions—including one for unlawful use of a firearm—and multiple gun-related arrests. Illinois’s individualized determination that White’s criminal history renders him too dangerous to carry a concealed firearm in public survives intermediate scrutiny.