By: Diane Benjamin
The lawsuit was filed in February of this year. On August 26th a Federal judge denied the motion to dismiss.
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The video below details the case. The short version is the Plaintiff’s mother who lives in Normal called both the police and her son because she felt in danger from a person with a possible mental illness that would not leave her property. Robert Kuhlman, also a Normal resident, arrived at his mother’s house before the police and did point his legal concealed carry gun at the intruder. Police arrived, took Kuhlman’s gun, and then returned it to him before leaving the scene. The allegation is a report with false information was submitted to the Illinois State Police which resulted in his FOID card and concealed carry permit being revoked as a “clear and present danger”. Kuhlman sued because he was exercising his right to self defensive and “glaring falsehoods” were reported to ISP. He was never arrested.
Excerpt from PDF page 16 denying the defendants motion to dismiss: https://storage.courtlistener.com/recap/gov.uscourts.ilcd.91932/gov.uscourts.ilcd.91932.13.0.pdf
These allegations, assumed to be true at this stage, are sufficient to state a claim under Illinois law based on the theory that Defendant Officers behaved in a willful or wanton manner, such that they are not immune to suit under the FOID Act. Plaintiff has pleaded that Defendant Officers intended to cause him to be stripped of his right to bear arms and filed a report calculated to achieve this result (doc. 1 at 9) and that they acted without regard for his rights when they submitted such a consequential report without ensuring that it did not contain such glaring falsehoods as criminal charges that (according to Plaintiff) were never filed (doc. 1 at 7–8). Plaintiff has stated a claim under Count II, and Defendant Officers’ Motion as to this count is denied.
Video of a Constitutional lawyer with the facts of this case:
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All filings on this case: https://www.pacermonitor.com/public/case/52240904/Kuhlman_v_Hines_et_al
I must assume, since there no arrest or charges, Mr Kuhlman drew his legally carried firearm in accordance with Illinois law…..which is what the suit is about. The worst of this whole thing is the FOID card and CC permit. Illinois is the only state in the union to require a FOID card! Over half the states have constitutional carry (permit not required). We all should be able to defend ourselves, this becomes more evident with the defund the police movement and the unchecked civil disobedience. Why Illinois wants to create victims is beyond me. It’s been said an “armed society is a polite society “. I’d rather be judged by 12 then carried by 6.
I’m thinking in Illinois you should have self defense liability insurance if you carry given what these officers are trying to get away with.
Insurance is a good idea regardless where you are….at least it hooks you up with an attorney familiar and sympathetic with your plight. And it’s actually pretty cheap as insurance goes.
this is the kind of policing we get for having a unelected city employee running the town
I would invite Mr Kuhlman to contact me. I had a similar experience in Normal with different results. I support 2A and would testify in Court.
I am David Sigale – Mr. Kuhlman’s attorney. I would be interested in hearing your story. Please contact me at your convenience at 630.452.4547. Thank you
They violated and deprived him of his constitutional rights is what they did .
Girl Scout that is EXACTLY what the state of Illinois does…..especially to people like me, and there are a lot of us. Not an Illinois resident but spend several months here and pay taxes here. I can’t even get a FOID card much less a CC permit. But gang bangers do as they want and are let out with no bail….even illegal aliens!
CC is Florida might be legal in Illinois with hoops to jump through. I know the reverse is true.
Diane, Where do you suggest I find the hoops? Everything on line says NO.
BTW…..thanks
Try to find reciprocity regs in both states
I’ll look again but according to the internet and my USCCA reciprocity app it’s a no.
Looked again, nothing changed. Fla to Ill permit not recognized. BUT in vehicle carry is sorta okay. In home should be okay to. FOID card not required if one complies with the state residence law. So with a good lawyer maybe…….I’d get parole. 😁
Figures
Second federal lawsuit involving Surena Cunningham.
You all need to read the current September issue of Gun News. It will blow your minds. It has to do with Chad Berck being stabbed 19 times in his front yard by his psycho neighbor. Chad gets arrested and the psycho goes free 🤬 This is a frightening town that we live in. This is why the Carol Rofstad case has never been solved. This psycho also stabbed 2 ISU students, one eventually died. He was never arrested.