This petition is directed to Illinois Governor J.B. Pritzker, Illinois State Senator William Cunningham, the entire Illinois Law Enforcement Training and Standards Board (ILETSB) in general and specifically Illinois Attorney General Kwame Raoul, Cook County State’s Attorney Kim Foxx, and Cook County Sheriff Tom Dart as, they have all failed to allow retired corrections officers and court deputies throughout the State of Illinois from gaining nationwide concealed carry privileges granted by the Law Enforcement Officers Safety Act of 2004, LEOSA, enacted as 18 USC § 926.

LEOSA was created to provide qualified active and retired law enforcement officers the ability to carry a concealed weapon for their protection nationwide.  In a number of ways, the abovenamed elected or appointed officials have obstructed these retired corrections officers and deputies from exercising this privilege via Illinois’ only avenue for the annual firearm qualification required under this federal law, the subordinate office of the ILETSB, the Illinois Retired Officer Concealed Carry Program (IROCC).

A)   Cook County Sheriff Thomas Dart has, for as far back as 2008, obstructed his retired corrections officers and deputies from obtaining their IROCC cards by refusing to affirm the retired officer law enforcement officer status required in order to apply for an IROCC card sighting false reasoning such as CCSO liability of which there is none as LEOSA clearly states that a retired law enforcement would be carrying a firearm for his or her own protection.  It bears noting that prior to Sheriff Dart taking office Cook County Corrections Officers and Court Deputies were issued IROCC cards.

B)   The ILETSB, for the purpose of applying for an IROCC card, adopted the definition of a law enforcement officer set forth in Illinois Administrative Rule 1720.220 not that set forth in LEOSA or Illinois statute; and then, around 2018, required that retirees affirm that they had been law enforcement officers under that definition.

C)   Illinois State’s Attorney Kim Foxx and Illinois Attorney Kwame Raoul have unfairly turned a blind eye to the board, on which they sit, by denying these retirees equal protection under the law in that they have not launched an investigation into the actions of ILETSB Chairman Sean Smoot and Leland Grove Police Chief Dan Ryan, or his designee, regarding Smoot’s unethically, improperly, and probably illegally getting an IROCC card and renewing it several times while denying processing of IROCC applications to retirees who are eligible.

D)   Senator William Cunningham and Governor J. B. Pritzker failed

1)    to have the administrative rule definition that the ILETSB relies upon to deny IROCC to these retirees changed to keep in line with PA 102-0779, the law signed in May 2022 and made effective January 1, 2023 that deems retired correctional officers and deputies retired law enforcement officers for the purposes of coverage under LEOSA, or

2)    to direct the ILETSB to strike the requirement that retirees affirm that they were law enforcement officers under Illinois Administrative Rule 1720.220, or

3)    to direct the ILETSB to require that retirees affirm that they were law enforcement officers as defined by LEOSA.

A Writ of Mandamus, Cook County case 2023CH06321, has been filed to compel the ILETSB to explain before a judge why they are not complying with the law.  The ILETSB as a whole, and the Cook County Sheriff and Cook County Clerk of the Circuit Court separately have filed motions to dismiss our complaint hoping to avoid having to explain their actions. 

We, the signatories of this petition implore Illinois Governor J.B. Pritzker and Illinois State Senator William Cunningham to direct the ILETSB to immediately align their policies with PA 102-0779 and allow IROCC to process IROCC applications from retired Illinois state and county correctional officers and court deputies.