Berron v. Ill. Concealed Carry Licensing Review Bd.

In actions seeking reversal of Bd.’s denials of plaintiffs’ applications for concealed-carry gun permits, Dist. Ct. did not err in directing plaintiffs to reapply for said permits under new rules established by defendant subsequent to decisions made on plaintiffs’ applications. Old rules were deficient because they did not require defendant to disclose basis for denial of plaintiffs' applications, and new/current rules require defendant to set forth basis for denial and give plaintiffs opportunity to file additional information in response to original objection to issuance of permit. While plaintiffs contended that defendant would still fail to give enough information regarding reason for any future denial of their applications, plaintiffs’ concern was premature. Moreover, Ct. rejected plaintiffs’ argument that: (1) instant requirement that they obtain any concealed-carry permit violated Second Amendment; or (2) instant permit must be issued unless state proves existence of disqualifying condition by clear and convincing evidence, where Ct. found that plaintiffs actually had burden to establish entitlement to permit by preponderance of evidence.