Key Takeaways
- Two Marine Corps veterans are suing Illinois for denying them the right to apply for a concealed carry license.
- The lawsuit, filed by Gun Owners of America, highlights Illinois’ strict nonresident license policy that limits applications to a few states.
- Rachel Henrichs attempted to apply but faced immediate rejection due to her Tennessee residency, despite holding valid permits.
- The case argues that Illinois’ restrictions violate the Second and Fourteenth Amendments, referencing the Supreme Court’s Bruen decision.
- A scheduling conference has set the trial process in motion, with a summary judgment expected in mid-2027.
Estimated reading time: 4 minutes
EAST ST. LOUIS, IL — Two Marine Corps veterans who are both certified firearms instructors are suing Illinois because the state will not even let them apply for a concealed carry license.
Gun Owners of America and Gun Owners Foundation filed the federal lawsuit, Henrichs v. Kelly, on March 13 in the Southern District of Illinois on behalf of Rachel and Reid Henrichs of Tennessee. The defendants are Illinois State Police Director Brendan Kelly and Attorney General Kwame Raoul, both sued in their official capacities.
Illinois refuses to recognize any other state’s carry permit. It also bans open carry. The only path for a nonresident is an Illinois nonresident license, and state law limits those applications to residents of states the Illinois State Police deems “substantially similar” to Illinois.
ISP has approved just six states: Arkansas, Idaho, Mississippi, Nevada, Texas, and Virginia. According to the complaint, that leaves roughly 81 percent of Americans with no legal way to bear arms in public anywhere in Illinois.
The plaintiffs are hard to dismiss. Rachel Henrichs is a Marine veteran who deployed to Iraq, works as an operating room nurse, and is a certified NRA pistol instructor. Reid Henrichs is a Marine veteran and former police officer who trained at the University of Illinois Police Training Institute and now runs the Valor Ridge training facility in Tennessee. He holds instructor certifications in multiple states, including with the Illinois State Police itself.
Both hold Tennessee Lifetime Enhanced Handgun Carry Permits. Neither can carry on a visit to friends in Marion, Illinois.
Rachel Henrichs tried to apply anyway. The ISP website blocked her application the moment she selected Tennessee as her state of residence. When she emailed the agency, ISP responded in writing that residents of Tennessee “are not eligible for a non-resident IL CCL.” That email is attached to the complaint as an exhibit.
More from USA Carry:
The lawsuit brings a single count under the Second and Fourteenth Amendments, arguing the Supreme Court’s Bruen decision leaves no room for a state to wall off public carry from citizens of 43 states. Illinois has faced this challenge before. Culp v. Raoul attacked the same scheme years ago and lost at the Seventh Circuit, but that was before Bruen rewrote the test. GOA is betting the old result does not survive the new framework.
There is reason to think it might not. Federal district courts in California and New York have already struck down similar nonresident permit bans, including in GOA’s own case brought on behalf of Newsmax host Carl Higbie, who is also a GOA member identified in this suit as wanting to apply in Illinois.
Illinois answered the complaint on April 13 rather than moving to dismiss. Chief Judge Nancy Rosenstengel held a scheduling conference on May 27 and set the case on a firm track: discovery closes December 18, 2026, dispositive motions are due February 26, 2027, and the presumptive bench trial month is August 2027 in East St. Louis.
The realistic decision point is summary judgment in mid-2027. I will keep tracking this case as it moves through discovery and report on any major rulings.
Read the full article here
