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IL. ban on Conceal carry struck down

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OldTimeBiker

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Discussion starter · #1 ·
The WGN TV news at noon just reported that a federal court has struck down as unconstitutional the Illinois law that effectively bans conceal carry. It was reported as a major victory for the NRA. It was also reported that the court ruled that the right to protect oneself extends beyond your home and ordered State of Illinois lawmakers to come up with a conceal carry law within 6 months. In the report it was stated that Illinois is the ONLY state without one.
This story had just broke and those were the only details but WGN is trying to reach Illinois Attorney General Lisa Madigan's office for comment and will have a full report on their evening news at 5 PM.
 
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#5 ·
I nominate this guy to run for JJJ's seat. Per the Sun Times:

In Chicago, Ald. Howard Brookins (21st), chairman of the City Council’s Black Caucus, welcomed the ruling, citing the “unequal treatment” of people caught with weapons in Cook County.

“If you’re stopped in Chicago, it’s been a felony. If you’re stopped in one of these suburban towns, the state’s attorney has been charging you with a misdemeanor,” Brookins said.

“If you just walk out to your garage and see that your wife is coming in the house safely and you happen to have your gun on, you’re in technical violation of our ordinance. I would hope that all of these ordinances would be consolidated, and there would be one set of rules [so] people know where the bright line is.”

Brookins said he’s not at all concerned that concealed carry would turn inner-city neighborhoods already reeling from gang violence into shooting galleries.

“Those people have a gun now. They’ve just been made criminals because they can’t legally have it. And the gang-bangers and thugs are gonna have a gun regardless,” he said.
 
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#7 ·
http://www.chicagotribune.com/news/...s-appeals-court-strikes-down-states-concealedcarry-ban-20121211,0,7034171.story

The entire document is here. I just finished reading the first half - the 2nd half is the dissenting opinion.

http://s3.documentcloud.org/documents/537394/u-s-appellate-court-gun-law-decision.pdf


Note that this does NOT MEAN we will get CCW here in Illinois. It only means that the current blanket ban is unconsitutional - these are two different things entirely. The opinion upholds the state's right to enact a reasonable law, i.e. permit system, for CCW.

Now here's where we still get fucked. How many of you are familiar with New York's permit system? In NY, YOU, the CCW applicant, have to JUSTIFY that you are in NEED of a CCW permit. Otherwise, NY can and will deny you application. It is not a "shall-issue" state. NY's law is specifically discussed in the document above and the court case against it, which resulted in that law being upheld, is discussed at length.

What does this mean? That IL *COULD* still pass a CCW law... but restrict it such that it is NOT a "shall-issue" law. Meaning that approval, just cause, etc. could become requirements in your CCW permit application. What more, it also means that IL could theoretically DENY applicants, depending how the legalese is written.

While this judgement is a step in the right direction, the fight is nowhere close to being won.
 
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Discussion starter · #8 ·
Dave13 said:
Waiting for Chicago to claim "home rule".
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Not a lawyer but in this case I don't think they can because the ruling is from a federal court.
Another thing to remember is that this ruling was not from the Supreme court. The state has the option of delaying this further while it moves toward appealing the apellate court decision to the Supremes...That's assuming the Supremes will take the case, which they may not. In that case it becomes a legislative battle.
 
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#10 ·
Bek said:
Note that this does NOT MEAN we will get CCW here in Illinois. It only means that the current blanket ban is unconsitutional - these are two different things entirely. The opinion upholds the state's right to enact a reasonable law, i.e. permit system, for CCW.

Now here's where we still get fucked. How many of you are familiar with New York's permit system? In NY, YOU, the CCW applicant, have to JUSTIFY that you are in NEED of a CCW permit. Otherwise, NY can and will deny you application. It is not a "shall-issue" state. NY's law is specifically discussed in the document above and the court case against it, which resulted in that law being upheld, is discussed at length.

What does this mean? That IL *COULD* still pass a CCW law... but restrict it such that it is NOT a "shall-issue" law. Meaning that approval, just cause, etc. could become requirements in your CCW permit application. What more, it also means that IL could theoretically DENY applicants, depending how the legalese is written.

While this judgement is a step in the right direction, the fight is nowhere close to being won.
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And there is the catch. Or they could charge a shitload for the license. Economic deterrent. I guess we just wait and see.
I would be cool with a short safety course and $10 license fee. Run a 2nd background check if they like too for all I care for any violent criminal acts or temper problems that carrying could make ugly.
 
#11 · (Edited)
I looked into getting my sis in NY a foid card for xmas last year. Not only is the process a shit ton more involved, it is definitely more expensive than here in IL. What I am trying to say is, careful what you wish more. The end result of this push for CCW may be more legislation making the process of just owning a firearm that much more difficult whether it be because of more red tape, less privacy, or more money out of your pocket. One step forward, two steps back.
 
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#13 ·
lol old news and I swear you posted the same thing last time this came up. She's single too if any of you guys want to take a crack at it. Submit your resume to me via pm and included naked pics or vids of your last girlfriend.
 
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#14 ·
Step in the right direction, it will be interesting if not frustrating watching this play out.

This could be promising: Phelps would not rule out possibly trying to move concealed carry legislation during the upcoming lame-duck legislative session, which runs from Jan. 2 through mid-day on Jan. 9. But he stopped short of saying how closely a new bill would mimic HB148. Excerpt from: http://www.suntimes.com/16951312-41...2-418/federal-appeals-court-tosses-state-ban-on-carrying-concealed-weapons.html
 
#15 ·
At least we are moving in the right direction. The previous CCW legislation that we lost by a few votes included preemption, so no home rule or violating local ordinances; state law is the law. hopefully what they agree upon does also. If it doesn't and it is more like NY, I'm all good as I would qualify in NY, but I really hope preemption is included.

I wonder if IL has to pay for the NRA's attorney's fees now....
 
#16 ·
whiteSeatEnvy said:
I looked into getting my sis in NY a foid card for xmas last year. Not only is the process a shit ton more involved, it is definitely more expensive than here in IL. What I am trying to say is, careful what you wish more. The end result of this push for CCW may be more legislation making the process of just owning a firearm that much more difficult whether it be because of more red tape, less privacy, or more money out of your pocket. One step forward, two steps back.
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FOID is an Illinois thing, are you perhaps talking about the NY Pistol Carry license?
 
#18 ·
ClevisR6 said:
At least we are moving in the right direction. The previous CCW legislation that we lost by a few votes included preemption, so no home rule or violating local ordinances; state law is the law. hopefully what they agree upon does also. If it doesn't and it is more like NY, I'm all good as I would qualify in NY, but I really hope preemption is included.

I wonder if IL has to pay for the NRA's attorney's fees now....
Click to expand...

I was pretty pessimstic about actually being able to get a permit in chicago, but the fact that they already have a law ready with a lot of support that includes preemption gives me some hope.

I'm told that if nothing is agreed on, we get Vermont style carry?
 
#19 ·
It will end up being like California where they allow CCW but restrict it so no one can get a permit. In California they only issue I there is good cause and in any city area they say nothin is good cause.
 
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