Page 1 of 2 12 LastLast
Results 1 to 25 of 49

Thread: ILLINOIS LEGISLATUE PASSES CONCEALED CARRY! On Governor's Desk.

  1. #1
    State Researcher lockman's Avatar
    Join Date
    Aug 2006
    Location
    Elgin, Illinois, USA
    Posts
    1,202

    ILLINOIS LEGISLATUE PASSES CONCEALED CARRY! On Governor's Desk.

    Both chambers passed concealed carry today.

    Good news:

    Shall issue
    carry Preemption
    Travel provisions for out of state licensees
    Non-resident permits

    Bad news:

    16 Hrs of training
    $150. 5/yr 150 renewal
    Must carry concealed or partly concealed (whatever)
    Carry location restrictions are numerous - No government buildings - no bars - no public transit - no municipal parks - no forrest preserves if posted etc.

    I have just begun to read it all, it blossomed to 147 pages.

    It is a load of crap, but its our load of crap and we will deal with it.

  2. #2
    State Researcher lockman's Avatar
    Join Date
    Aug 2006
    Location
    Elgin, Illinois, USA
    Posts
    1,202
    Oh, non-res will be discouraged with a $300.00 permit fee!

    We are so neighborly, you can thank us later.

  3. #3
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    "Far as I see it, you people been given the shortest end of the stick ever been offered a human soul in this crap-heel 'verse. But you took that end, and you - well, you took it. And that's - Well, I guess that's somethin'."

    -Jayne Cobb
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  4. #4
    Regular Member
    Join Date
    Jun 2010
    Location
    Algonquin
    Posts
    13
    It needs a lot of work to be a great law.

  5. #5
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    ILLINOIS LEGISLATUE PASSES CONCEALED CARRY! On Governor's Desk.

    What does an nonresident need to do to carry besides pay $300?


    Sent from my iPad using Tapatalk.

    <o>

  6. #6
    State Researcher lockman's Avatar
    Join Date
    Aug 2006
    Location
    Elgin, Illinois, USA
    Posts
    1,202

    ILLINOIS LEGISLATUE PASSES CONCEALED CARRY! On Governor's Desk.

    If you have a license to carry from your state you can carry in your vehicle only.

  7. #7
    Regular Member
    Join Date
    Mar 2008
    Location
    , Wisconsin, USA
    Posts
    524
    Interesting bill. Not sure if I should say "congrats" or not. :\ $300 is pretty steep. :O

    Quote Originally Posted by lockman View Post
    If you have a license to carry from your state you can carry in your vehicle only.
    Hmmm. Not quite how I read this...

    5 (e) Nothing in this Act shall prohibit a non-resident from
    6 transporting a concealed firearm within his or her vehicle in
    7 Illinois, if the concealed firearm remains within his or her
    8 vehicle and the non-resident:
    9 (1) is not prohibited from owning or possessing a
    10 firearm under federal law;
    11 (2) is eligible to carry a firearm in public under the
    12 laws of his or her state or territory of residence; and
    13 (3) is not in possession of a license under this Act.
    Lots of people in many states are "eligible to carry a firearm in public" even without a permit. Perhaps it was an oversight in their wording. (you don't need a license here in WI to open carry in most places).
    - What da hay?

    Keep Calm and Carry On

  8. #8
    Regular Member
    Join Date
    Mar 2008
    Location
    , Wisconsin, USA
    Posts
    524
    Quote Originally Posted by eye95 View Post
    What does an nonresident need to do to carry besides pay $300?


    Sent from my iPad using Tapatalk.

    <o>
    Meet IL's to-be-determined 16-hour training rule with qualification, prints, photo, b/g check. They're not required to put applications out until 180 days after this is enacted, so there's time to figure all that out and be ready if you want. It also allows them 90 days to process....so don't figure on carrying in IL in 2013...except in your car. Gotta read closer - car carry may go into effect on enactment.

    E6 makes a good point in the next post about quoting sources. I'm currently reading the "engrossed" (passed) version of the House bill here:

    http://www.ilga.gov/legislation/full...ID=12&Session=

    If necessary I'll go back and dig out cites for what I've written in this post....but not before his post is no longer "under construction" in case it renders such follow-up moot.
    Last edited by Teej; 06-01-2013 at 01:24 AM.
    - What da hay?

    Keep Calm and Carry On

  9. #9
    Regular Member
    Join Date
    Oct 2011
    Location
    Milwaukee Wisconsin
    Posts
    542
    * IL 98 HB183 as amended & passed.
    The original post had been based on SB2193, which I had been incorrectly informed was the bill that passed May 31, 2013. SORRY, for the confusion, This was corrected by 2pm June 1, 2013. I enjoyed doing this TWICE. *

    It appears that the "Firearms Concealed Carry Act" will be effective, soon after the Governor signs it.

    Since there will be discussion about what it says / doesn't say, let me get the ball rolling, in the spirit of this forums rules, http://forum.opencarry.org/forums/misc.php?do=showrules particularly rule 5:

    (5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available, is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
    This is a rough timetable of the maximum days different functions should take to be completed, according to this Act. The effective date of this act, is the date it becomes law. (fromSection 999)

    eff. date + 60: Department begins approval of firearm training
    courses and makes a list available on website.

    eff. date + 60: Department begins approval of certified firearms
    instructors and makes an online registry on the website

    eff. date + 180: License applications will be available
    on the Department website.

    app. receipt date + 10: Completed application must be entered
    into license applicant database, no later than 10 days after

    app. receipt date + 90: After receipt of the completed
    application with fingerprints, Department shall issue or
    deny license by 90 days

    app. receipt date + 90 +30: After receipt of the completed
    application without fingerprints, Department shall issue or
    deny license by 120 days. (90 + 30 days)

    License issue date + 5 years: License must be renewed after 5 years
    Resident fee $150, Non-resident fee $300

    Change of address or name + 30 days: Must notify the department
    within 30 days of address or name change. Include $75 fee

    Lost, stolen or destroyed license card + 10 days: Must notify the department
    within 10 days of loss, theft or destroyed license. Include $75 fee


    Here is the Illinois House Bill 183 status web page: http://www.ilga.gov/legislation/Bill...Session=&GA=98

    This is the Enacting clause of the original bill, everything else was replaced by amendments.

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
    represented in the General Assembly:

    Illinois House Bill 183 had 3 amendments to it that passed.

    The Bill is now available in what is called an "enrolled" version, with all the passed amendments merged and incorporated into one document. This is the document placed on the governor's desk for signing. http://www.ilga.gov/legislation/98/H...0HB0183enr.pdf

    Senate Floor Amendment 5 http://www.ilga.gov/legislation/98/H...0183sam005.htm
    was basically total replacement (The original bill was to regulate bank ATM terminals!)

    Senate Floor Amendment 6 http://www.ilga.gov/legislation/98/H...0183sam006.pdf
    which removes the word "concealed" from the term "concealed handguns" in Section 90. Preemption, of the Firearm Concealed Carry Act.

    Senate Floor Amendment 7 http://www.ilga.gov/legislation/98/H...0183sam007.pdf
    Changes the appointment of the member representing the National Rifle Association to the task force on consolidation of the Firearm Owner's Identification Card and the concealed carry license from appointment by the Speaker of the House of Representatives to appointment by the Secretary of State. in Section 92. of the Firearm Concealed Carry Act.


    This is a huge 168 page document. The portions of this document that I have omitted, are replaced by the ellipsis punctuation "..."
    I have also added some NOTE:s inline to explain changes I noticed from SB2193 and from amendments 6 & 7


    AMENDMENT TO HOUSE BILL 183

    AMENDMENT NO. 005. Amend House Bill 183 by replacing everything after the enacting clause with the following:

    Section 1. Short title. This Act may be cited as the Firearm Concealed Carry Act.

    Section 5. Definitions. As used in this Act:

    "Applicant" means a person who is applying for a license to carry a concealed firearm under this Act.

    "Board" means the Concealed Carry Licensing Review Board.

    "Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.

    "Department" means the Department of State Police.

    "Director" means the Director of State Police.

    "Handgun" means any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand. "Handgun" does not include:

    _(1) a stun gun or taser;
    _(2) a machine gun as defined in item (i) of paragraph (7) of subsection (a) of Section 24-1 of the Criminal Code of 2012;
    _(3) a short-barreled rifle or shotgun as defined in item (ii) of paragraph (7) of subsection (a) of Section 24-1 of the Criminal Code of 2012; or
    _(4) any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter, or which has a maximum muzzle velocity of less than 700 feet per second, or which expels breakable paint balls containing washable marking colors.

    "Law enforcement agency" means any federal, State, or local law enforcement agency, including offices of State's Attorneys and the Office of the Attorney General.

    "License" means a license issued by the Department of State Police to carry a concealed handgun.

    "Licensee" means a person issued a license to carry a concealed handgun.

    Section 10. Issuance of licenses to carry a concealed firearm.

    (a) The Department shall issue a license to carry a concealed firearm under this Act to an applicant who:

    _(1) meets the qualifications of Section 25 of this Act;
    _(2) has provided the application and documentation required in Section 30 of this Act;
    _(3) has submitted the requisite fees; and
    _(4) does not pose a danger to himself, herself, or others, or a threat to public safety as determined by the Concealed Carry Licensing Review Board in accordance with Section 20.

    (b) The Department shall issue a renewal, corrected, or duplicate license as provided in this Act.

    (c) A license shall be valid throughout the State for a period of 5 years from the date of issuance. A license shall permit the licensee to:

    _(1) carry a loaded or unloaded concealed firearm, fully concealed or partially concealed, on or about his or her person; and
    _(2) keep or carry a loaded or unloaded concealed firearm on or about his or her person within a vehicle.

    (d) The Department shall make applications for a license available no later than 180 days after the effective date of this Act. The Department shall establish rules for the availability and submission of applications in accordance with this Act.

    (e) An application for a license submitted to the Department that contains all the information and materials required by this Act, including the requisite fee, shall be deemed completed. Except as otherwise provided in this Act, no later than 90 days after receipt of a completed application, the Department shall issue or deny the applicant a license.

    (f) The Department shall deny the applicant a license if the applicant fails to meet the requirements under this Act or the Department receives a determination from the Board that the applicant is ineligible for a license. The Department must notify the applicant stating the grounds for the denial. The notice of denial must inform the applicant of his or her right to an appeal through administrative and judicial review.

    (g) A licensee shall possess a license at all times the licensee carries a concealed firearm except:

    _(1) when the licensee is carrying or possessing a concealed firearm on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission;
    _(2) when the person is authorized to carry a firearm under Section 24-2 of the Criminal Code of 2012, except subsection (a-5) of that Section; or
    _(3) when the handgun is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a case.

    (h) If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee who is carrying a concealed firearm, upon the request of the officer the licensee shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, present the license upon the request of the officer, and identify the location of the concealed firearm.

    (i) The Department shall maintain a database of license applicants and licensees. The database shall be available to all federal, State, and local law enforcement agencies, State's Attorneys, the Attorney General, and authorized court personnel. Within 180 days after the effective date of this Act, the database shall be searchable and provide all information included in the application, including the applicant's previous addresses within the 10 years prior to the license application and any information related to violations of this Act. No law enforcement agency, State's Attorney, Attorney General, or member or staff of the judiciary shall provide any information to a requester who is not entitled to it by law.

    (j) No later than 10 days after receipt of a completed application, the Department shall enter the relevant information about the applicant into the database under subsection (i) of this Section which is accessible by law enforcement agencies.

    Section 15. Objections by law enforcement agencies.
    ...
    Section 20. Concealed Carry Licensing Review Board.
    ...
    Section 25. Qualifications for a license. (NOTE: some apply to non-resident, also)

    The Department shall issue a license to an applicant completing an application in accordance with Section 30 of this Act if the person:

    (1) is at least 21 years of age;

    (2) has a currently valid Firearm Owner's Identification Card and at the time of application meets the requirements for the issuance of a Firearm Owner's Identification Card and is not prohibited under the Firearm Owners Identification Card Act or federal law from possessing or receiving a firearm;

    (3) has not been convicted or found guilty in this State or in any other state of:

    _(A) a misdemeanor involving the use or threat of physical force or violence to any person within the 5 years preceding the date of the license application; or
    _(B) 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the 5 years preceding the date of the license application; and

    (4) is not the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification to own or possess a firearm;

    (5) has not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the date of the license application; and

    (6) has completed firearms training and any education component required under Section 75 of this Act.

    Section 30. Contents of license application. (NOTE: some apply to non-resident, also)

    (a) The license application shall be in writing, under penalty of perjury, on a standard form adopted by the Department and shall be accompanied by the documentation required in this Section and the applicable fee. Each application form shall include the following statement printed in bold type: "Warning: Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012."

    (b) The application shall contain the following:
    _(1) the applicant's name, current address, date and year of birth, place of birth, height, weight, hair color, eye color, maiden name or any other name the applicant has used or identified with, and any address where the applicant resided for more than 30 days within the 10 years preceding the date of the license application;
    _(2) the applicant's valid driver's license number or valid state identification card number;
    _(3) a waiver of the applicant's privacy and confidentiality rights and privileges under all federal and state laws, including those limiting access to juvenile court, criminal justice, psychological, or psychiatric records or records relating to any institutionalization of the applicant, and an affirmative request that a person having custody of any of these records provide it or information concerning it to the Department;
    _(4) an affirmation that the applicant possesses a currently valid Firearm Owner's Identification Card and card number if possessed or notice the applicant is applying for a Firearm Owner's Identification Card in conjunction with the license application;
    _(5) an affirmation that the applicant has not been convicted or found guilty of:
    __(A) a felony;
    __(B) a misdemeanor involving the use or threat of physical force or violence to any person within the 5 years preceding the date of the application; or (C) 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the 5 years preceding the date of the license application; and

    _(6) whether the applicant has failed a drug test for a drug for which the applicant did not have a prescription, within the previous year, and if so, the provider of the test, the specific substance involved, and the date of the test;
    _(7) written consent for the Department to review and use the applicant's Illinois digital driver's license or Illinois identification card photograph and signature;
    _(8) a full set of fingerprints submitted to the Department in electronic format, provided the Department may accept an application submitted without a set of fingerprints in which case the Department shall be granted 30 days in addition to the 90 days provided under subsection (e) of Section 10 of this Act to issue or deny a license;
    _(9) a head and shoulder color photograph in a sizespecified by the Department taken within the 30 days preceding the date of the license application; and
    _(10) a photocopy of any certificates or other evidence of compliance with the training requirements under this Act.

    Section 35. Investigation of the applicant.
    ... (NOTE: added this sentence in HB183, that was not in SB2193: )

    The Department shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check.

    Section 40. Non-resident license applications.

    (a) For the purposes of this Section, "non-resident" means a person who has not resided within this State for more than 30 days and resides in another state or territory.

    (b) The Department shall by rule allow for non-resident license applications from any state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license under this Act.

    (c) A resident of a state or territory approved by the Department under subsection (b) of this Section may apply for a non-resident license. The applicant shall apply to the Department and must meet all of the qualifications established in Section 25 of this Act, except for the Illinois residency requirement in item (xiv) of paragraph (2) of subsection (a) of Section 4 of the Firearm Owners Identification Card Act. The applicant shall submit:
    _(1) the application and documentation required under Section 30 of this Act and the applicable fee;
    _(2) a notarized document stating that the applicant:

    __(A) is eligible under federal law and the laws of his or her state or territory of residence to own or possess a firearm;
    __(B) if applicable, has a license or permit to carry a firearm or concealed firearm issued by his or her state or territory of residence and attach a copy of the license or permit to the application;
    __(C) understands Illinois laws pertaining to the possession and transport of firearms, and
    __(D) acknowledges that the applicant is subject to the jurisdiction of the Department and Illinois courts for any violation of this Act; and

    _(3) a photocopy of any certificates or other evidence of compliance with the training requirements under Section 75 of this Act; and
    _(4) a head and shoulder color photograph in a size specified by the Department taken within the 30 days preceding the date of the application.

    (d) In lieu of an Illinois driver's license or Illinois identification card, a non-resident applicant shall provide similar documentation from his or her state or territory of residence. In lieu of a valid Firearm Owner's Identification Card, the applicant shall submit documentation and information required by the Department to obtain a Firearm Owner's Identification Card, including an affidavit that the non-resident meets the mental health standards to obtain a firearm under Illinois law, and the Department shall ensure that the applicant would meet the eligibility criteria to obtain a Firearm Owner's Identification card if he or she was a resident of this State.

    (e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:

    _(1) is not prohibited from owning or possessing a firearm under federal law;
    _(2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence; and
    _(3) is not in possession of a license under this Act.

    If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act.

    Section 45. Civil immunity; Board, employees, and agents.
    ...
    Section 50. License renewal
    ...
    Section 55. Change of address or name: lost, destroyed, or stolen licenses.
    ...
    Section 60. Fees.

    (a) All fees collected under this Act shall be deposited as provided in this Section. Application, renewal, and replacement fees shall be non-refundable.

    (b) An applicant for a new license or a renewal shall submit $150 with the application, of which $120 shall be apportioned to the State Police Firearm Services Fund, $20 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.

    (c) A non-resident applicant for a new license or renewal shall submit $300 with the application, of which $250 shall be apportioned to the State Police Firearm Services Fund, $40 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.

    (d) A licensee requesting a new license in accordance with Section 55 shall submit $75, of which $60 shall be apportioned to the State Police Firearm Services Fund, $5 shall be apportioned to the Mental Health Reporting Fund, and $10 shall be apportioned to the State Crime Laboratory Fund.

    Section 65. Prohibited areas. (NOTE: MANY MANY areas. page 21 - 27)
    ...

    (b) Notwithstanding subsections (a), (a-5), and (a-10) of this Section except under paragraph (22) or (23) of subsection (a), any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subsection (a), (a-5), or (a-10) of this Section shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk, provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.

    (c) A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises under subsection (a), (a-5), or (a-10) of this Section if the concealed firearm is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law.

    (d) Signs stating that the carrying of firearms is prohibited shall be clearly and conspicuously posted at the entrance of a building, premises, or real property specified in this Section as a prohibited area, unless the building or premises is a private residence. Signs shall be of a uniform design as established by the Department and shall be 4 inches by 6 inches in size. The Department shall adopt rules for standardized signs to be used under this subsection.

    Section 70. Violations.
    ...
    Section 75. Applicant firearm training.

    (a) Within 60 days of the effective date of this Act, the Department shall begin approval of firearm training courses and shall make a list of approved courses available of the Department's website.

    (b) An applicant for a new license shall provide proof of completion of a firearms training course or combination of courses approved by the Department of at least 16 hours, which includes range qualification time under subsection (c) of this Section, that covers the following:

    _(1) firearm safety;
    _(2) the basic principles of marksmanship;
    _(3) care, cleaning, loading, and unloading of a concealable firearm;
    _(4) all applicable State and federal laws relating to the ownership, storage, carry, and transportation of a firearm; and
    _(5) instruction on the appropriate and lawful interaction with law enforcement while transporting or carrying a concealed firearm.

    (c) An applicant for a new license shall provide proof of certification by a certified instructor that the applicant passed a live fire exercise with a concealable firearm consisting of:
    _(1) a minimum of 30 rounds; and
    _(2) 10 rounds from a distance of 5 yards; 10 rounds from a distance of 7 yards; and 10 rounds from a distance of 10 yards at a B-27 silhouette target approved by the Department.

    (d) An applicant for renewal of a license shall provide proof of completion of a firearms training course or combination of courses approved by the Department of at least 3 hours.

    (e) A certificate of completion for an applicant firearm training course shall not be issued to a student who:
    _(1) does not follow the orders of the certified firearms instructor;
    _(2) in the judgment of the certified instructor, handles a firearm in a manner that poses a danger to the student or to others; or
    _(3) during the range firing portion of testing fails to hit the target with 70% of the rounds fired.

    (f) An instructor shall maintain a record of each student's performance for at least 5 years, and shall make all records available upon demand of authorized personnel of the Department.

    (g) The Department and certified firearms instructor shall recognize up to 8 hours of training already completed toward the 16 hour training requirement under this Section if the training course is approved by the Department and recognized under the laws of another state. Any remaining hours that the applicant completes must at least cover the classroom subject matter of paragraph (4) of subsection (b) of this Section, and the range qualification in subsection (c) of this Section.

    (h) A person who has qualified to carry a firearm as an active law enforcement officer, a person certified as a firearms instructor by this Act or by the Illinois Law Enforcement Training Standards Board, or a person who has completed the required training and has been issued a firearm control card by the Department of Financial and Professional Regulation shall be exempt from the requirements of this Section.

    Section 80. Firearms instructor training

    (a) Within 60 days of the effective date of this Act, the Department shall begin approval of certified firearms instructors and enter certified firearms instructors into an online registry on the Department's website.

    (b) A person who is not a certified firearms instructor shall not teach applicant training courses or advertise or otherwise represent courses they teach as qualifying their students to meet the requirements to receive a license under this Act. Each violation of this subsection is a business offense with a fine of at least $1,000 per violation.
    ...
    Section 85. Background Checks for Sales.

    A license to carry a concealed firearm issued by this State shall not exempt the licensee from the requirements of a background check, including a check of the National Instant Criminal Background Check System, upon purchase or transfer of a firearm.

    Section 87. Administrative and judicial review.
    ...
    Section 90. Preemption

    (NOTE: This section was modified by Senate Floor Amendment 6, which deleted/struck "concealed", leaving the term "handgun" to standalone. In this post, the word "concealed" will have a strikethru formatting, like this: concealed. In SB2193, "firearm" was used instead of "concealed handgun" and preemption was NOT limited to the laws "application to licensees".)

    The regulation, licensing, possession, registration, and transportation of concealed handguns and ammunition for concealed handguns by licensees are exclusive powers and functions of the State. Any ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or concealed handguns and ammunition for concealed handguns in a manner inconsistent with this Act shall be invalid in its application to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

    Section 92. Consolidation of concealed carry license and Firearm Owner's Identification Card.
    (NOTE: amended by Senate Floor Amendment 7 by changing the person who appoints the consolidation task force member representing the National Rifle Association, from the Speaker of the House of Representatives to the Secretary of State. This change is in subsection (b)(7).)
    ...
    Section 95. Procurement; rulemaking.
    ...
    Section 100 - 110. School Administrator Reporting of mental Health Clear and Present Danger Determinations Law.
    ...
    Section 115. The Open Meeting Act is amended
    ...
    Section 120. The Freedom of Information Act is amended
    ...
    Section 122. The Secretary of State Act is amended
    ...
    Section 125. The Department of State Police Law is amended
    ...
    Section 130. The State Finance Act is amended
    ...
    Section 135. The State Finance Act is amended
    ...
    Section 140. The Illinois Explosives Act is amended
    ...
    Section 142. The Liquor Control Act of 1934 is amended
    (NOTE: this section was not in SB2193)
    ...
    Section 145. The Mental Health and Developmental Disabilities Code is amended
    ...
    Section 150. The Firearm Owners Identification Card Act is amended by changing Sections 1.1, 3.1, 4, 5, 8, 8.1, 9, 10, 13.1, and 13.2 and by adding Sections 5.1 and 9.5 as follows:
    (NOTE: this section page 64-126 is 8 pages longer than in SB2193)
    ...
    (NOTE: starting on page 123-125, Preemption details
    Underlined text is new, Strikethru text is deleted/removed)

    (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)

    Sec. 13.1. Preemption.

    (a) Except as otherwise provided in the Firearm Concealed Carry Act and subsections (b) and (c) of this Section, the The provisions of any ordinance enacted by any municipality which requires registration or imposes greater restrictions or limitations on the acquisition, possession and transfer of firearms than are imposed by this Act, are not invalidated or affected by this Act.

    (b) Notwithstanding subsection (a) of this Section, the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition by a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, enacted on or before the effectidate of this amendatory Act of the 98th General Assembly that purports to impose regulations or restrictions on a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act in a manner that is inconsistent with this Act, on the effective date of this amendatory Act of the 98th General Assembly, shall be invalid in its application to a holder of valid Firearm Owner's Identification Card issued by the Department of State Police under this Act.

    (c) Notwithstanding subsection (a) of this Section, the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with this Act, shall be invalid unless the ordinance or regulation is enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly. Any ordinance or regulation described in this subsection (c) enacted more than 10 days after the effective date of this amendatory Act of the 98th General Assembly is invalid. An ordinance enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly may be amended. The enactment or amendment of ordinances under this subsection (c) are subject to the submission requirements of Section 13.3. For the purposes of this subsection, "assault weapons" means firearms designated by either make or model or by a test or list of cosmetic features that cumulatively would place the firearm into a definition of "assault weapon" under the ordinance.

    (d) For the purposes of this Section, "handgun" has the meaning ascribed to it in Section 5 of the Firearm Concealed Carry Act.

    (e) This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
    (Source: P.A. 76-1939.)
    ...
    Section 155. The Criminal Code of 2012 is amended changing Sections 24-1.6 and 24-2 as follows:

    (NOTE: page 126 -142 VERY COMPLEX, describes offense of "Aggravated unlawful use of a weapon")

    (720 ILCS 5/24-1.6)
    Sec. 24-1.6. Aggravated unlawful use of a weapon.

    (a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:

    (a)(1) Carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; or

    (a)(2) Carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm;

    and

    (a)(3) One of the following factors is present:

    (a)(3)(A) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, loaded, and immediately accessible at the time of the offense; or

    (a)(3)(A-5) the pistol, revolver, or handgun possessed was uncased, loaded, and immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or

    (a)(3)(B) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense; or

    (a)(3)(B-5) the pistol, revolver, or handgun possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or

    (a)(3)(C) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card; or

    (a)(3)(D) the person possessing the weapon was previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or

    (a)(3)(E) the person possessing the weapon was engaged in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or
    (a)(3)(F) (blank); or
    (a)(3)(G) the person possessing the weapon had a order of protection issued against him or her within the previous 2 years; or
    (a)(3)(H) the person possessing the weapon was engaged in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or
    (a)(3)(I) the person possessing the weapon was under 21 years of age and in possession of a handgun as defined in Section 24-3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24-2(b)(1), (b)(3), or 24-2(f).

    (a-5) "Handgun" as used in this Section has the meaning given to it in Section 5 of the Firearm Concealed Carry Act.

    (b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24-1 of this Code.

    (c) This Section does not apply to or affect the transportation or possession of weapons that:
    (c)(i) are broken down in a non-functioning state; or
    (c)(ii) are not immediately accessible; or
    (c)(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.

    (d) Sentence.
    (d)(1) Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.
    (d)(2) Except as otherwise provided in paragraphs (3) and (4) of this subsection (d), a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where the factors listed in both items (A) and (C) or both items (A-5) and (C) of paragraph (3) of subsection (a) are present is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.
    (d)(3) Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years.
    (d)(4) Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F-1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony.

    (e) The possession of each firearm in violation of this Section constitutes a single and separate violation.
    (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)

    (720 ILCS 5/24-2)
    Sec. 24-2. Exemptions.

    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and24-1(a)(13) and Section 24-1.6 do not apply to or affect any of the following:
    (a)(1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.
    (a)(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.
    (a)(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.
    (a)(4) Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.
    (a)(5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed agency and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private securitycontractor, private detective, or private alarm contractor, or employee of the licensed agency at all times when he or she is in possession of a concealable weapon.
    (a)(6) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Financial and Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.
    (a)(7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.
    (a)(8) Persons employed by a financial institution for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savin gs and loan association, credit union or company providing armored car services.
    (a)(9) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties.
    (a)(10) Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act.
    (a)(11) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.
    (a)(12) Special investigators appointed by a State's Attorney under Section 3-9005 of the Counties Code.
    (a)(12.5) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.
    (a)(13) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.
    (a)(13.5) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.
    (a)(14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) through
    (13.5) of this subsection to possess those weapons.

    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid license under the Firearm Concealed Carry Act at the time of the commission of the offense.

    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following:
    (b)(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.
    (b)(2) Duly authorized military or civil organizations while parading, with the special permission of the Governor.
    (b)(3) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing.
    (b)(4) Transportation of weapons that are broken down in a non-functioning state or are not immediately accessible.
    (b)(5) Carrying or possessing any pistol, revolver, stun gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person's permission.

    (c) Subsection 24-1(a)(7) does not apply to or affect any of the following:
    (c)(1) Peace officers while in performance of their official duties.
    (c)(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
    (c)(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.
    (c)(4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.
    (c)(5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph. During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible.
    (c)(6) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract. The exemption granted under this subdivision (c)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract. During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.
    (c)(7) A person possessing a rifle with a barrel or barrels less than 16 inches in length if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) the person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches. During transportation, any such weapon shall be broken down in a non-functioning state, or not immediately accessible.

    (d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer.

    (e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.

    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.

    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:

    (g)(1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.
    (g)(2) Bonafide collectors of antique or surplus military ordinance.
    (g)(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordinance.
    (g)(4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

    (g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g-5). During transportation, these devices shall be detached from any weapon or not immediately accessible.

    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.

    (g-7) Subsection 24-1(a)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.

    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.

    (h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.

    (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card. (Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; revised 8-23-12.)

    Section 160. The Code of Criminal Procedure of 1963 is amended
    ...
    Section 165. The Mental Health and Developmental Disabilities Confidentiality Act is amended
    ...
    Section 170. The Probate Act of 1975 is amended
    ...
    Section 195. No acceleration or delay.
    ...
    Section 999. Effective date. This Act takes effect upon becoming law.".
    Last edited by E6chevron; 06-04-2013 at 05:32 PM.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

  10. #10
    Regular Member
    Join Date
    Jul 2011
    Location
    northern wis
    Posts
    3,193
    Well the judge have to sign off o the new law.
    Personal Defensive Solutions professional personal firearms, edge weapons and hands on defensive training and tactics pdsolutions@hotmail.com

    Any and all spelling errors are just to give the spelling Nazis something to do

  11. #11
    Regular Member
    Join Date
    Oct 2009
    Location
    , ,
    Posts
    240
    It's a pile of steaming poo, but......

    HB138 does have statewide preemption on firearm transportation laws. If there is one thing the CC only bunch in Illinois hate almost as much as Open Carry, it's "Container Transport" aka unloaded Fanny pack carry.

    https://www.youtube.com/watch?v=ummODws3EH8
    Last edited by kurt555gs; 06-01-2013 at 08:21 AM.

  12. #12
    Regular Member hammer6's Avatar
    Join Date
    Oct 2008
    Location
    Florida
    Posts
    1,169
    I'm still trying to understand why the people of illinois didn't push their reps to just "do nothing", so that constitutional carry would take effect...? unless i'm mistaken on that idea.

  13. #13
    Regular Member
    Join Date
    Oct 2009
    Location
    , ,
    Posts
    240

    Re: ILLINOIS LEGISLATUE PASSES CONCEALED CARRY! On Governor's Desk.

    In Illinois we are ruled not represented.

    Sent from my Nexus 4 using Tapatalk 2

  14. #14
    Regular Member WalkingWolf's Avatar
    Join Date
    Jul 2011
    Location
    North Carolina
    Posts
    12,272
    Quote Originally Posted by Firearms Iinstuctor View Post
    Well the judge have to sign off o the new law.
    If challenged YES. But will the weak people of Il challenge it? I doubt it...

    NRA and other CC got what they wanted~~outlawed open carry. May the CC ripoff scheme continue!
    It is well that war is so terrible otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

  15. #15
    Regular Member
    Join Date
    Oct 2009
    Location
    , ,
    Posts
    240
    The Sheeple in Chicago are suffering from Government Stockholm Syndrome. For a generation guns have been "bad" and anyone ( non criminal ) that was caught was publicly and severely dealt with. I obtained a number of non-resident permits so I could carry when outside the boundaries of Illinois. Even then I felt like I was some kind of criminal when I first carried ( concealed ) while working in Texas even though I had a pocket full of permission slips. When I went to New Mexico and Arizona and Open Carried, I was expecting Swat teams rushing me from all angles. A generation of fear by the "higher authorities" who push the message that guns are only for the police and criminals and do not dare defend yourself takes time to overcome.
    Last edited by kurt555gs; 06-01-2013 at 03:13 PM.

  16. #16
    Regular Member
    Join Date
    Jul 2011
    Location
    northern wis
    Posts
    3,193
    Kurt that is one of the items the anti's have been pushing for so long the demonization of firearms and firearm owners.

    It a constant battle to fight the fear generated on all levels by the anti's.

    Every new gun owner we win over is one less for the anti's to effect.
    Personal Defensive Solutions professional personal firearms, edge weapons and hands on defensive training and tactics pdsolutions@hotmail.com

    Any and all spelling errors are just to give the spelling Nazis something to do

  17. #17
    Regular Member
    Join Date
    Jan 2009
    Location
    Northwest Kent County, Michigan
    Posts
    757
    For those of you who have the time to dive into the minutia of the entire 147 page bill (I don't but wish I did), I have one question. What specific language, if any, is there that explicitly outlaws open carry?

    I understand that if one gets the concealed carry license then they (probably) MUST carry concealed, but what about an Illinois resident that doesn't sign away his/her open carry rights in exchange for the privilege of concealed carry?

    I'm just wondering whether or not there is an open-carry loophole somewhere in the law.

  18. #18
    Activist Member
    Join Date
    Oct 2010
    Location
    Iowa
    Posts
    245
    Quote Originally Posted by OC4me View Post
    For those of you who have the time to dive into the minutia of the entire 168 page bill (I don't but wish I did), I have one question. What specific language, if any, is there that explicitly outlaws open carry?

    I understand that if one gets the concealed carry license then they (probably) MUST carry concealed, but what about an Illinois resident that doesn't sign away his/her open carry rights in exchange for the privilege of concealed carry?

    I'm just wondering whether or not there is an open-carry loophole somewhere in the law.
    From the third page:
    (c) A license shall be valid throughout the State for aperiod of 5 years from the date of issuance. A license shall
    permit the licensee to:
    (1) carry a loaded or unloaded concealed firearm, fully
    concealed or partially concealed, on or about his or her
    person; and
    (2) keep or carry a loaded or unloaded concealed
    firearm on or about his or her person within a vehicle.
    It would seem that if the firearm is not at least partially concealed then a person can be charged just the same as if they didn't have a permit.

  19. #19
    Regular Member
    Join Date
    Jan 2009
    Location
    Northwest Kent County, Michigan
    Posts
    757
    Quote Originally Posted by Darkshadow62988 View Post
    From the third page:

    It would seem that if the firearm is not at least partially concealed then a person can be charged just the same as if they didn't have a permit.
    To refine my question, does the bill re-criminalize public carry (both open and concealed) then provide an exception to concealed carry if a permit is obtained?

    Remember that the Illinois statute that criminalizes public carry still has a valid injunction forbidding its enforcement, right?

    Anyway, rest assured that the law will be picked through and if there are any carry loopholes, I'm sure somebody from this forum will figure it out.
    Last edited by OC4me; 06-02-2013 at 06:33 PM.

  20. #20
    Regular Member
    Join Date
    Jun 2011
    Location
    Johnson City, TN
    Posts
    252
    Quote Originally Posted by OC4me View Post
    For those of you who have the time to dive into the minutia of the entire 147 page bill (I don't but wish I did), I have one question. What specific language, if any, is there that explicitly outlaws open carry?

    I understand that if one gets the concealed carry license then they (probably) MUST carry concealed, but what about an Illinois resident that doesn't sign away his/her open carry rights in exchange for the privilege of concealed carry?

    I'm just wondering whether or not there is an open-carry loophole somewhere in the law.
    It is my understanding that the current law prohibits (1) carrying a concealed handgun, (2) carrying a handgun in a car, subject to the transport exceptions, and (3) carrying a handgun in an incorporated area, whether openly or concealed (and, based on prior posts, carrying openly outside a car in unincorporated areas is, if not illegal due to other parts of the law, a very risky proposition). The new law says this:

    (c) A license shall be valid throughout the State for a period of 5 years from the date of issuance. A license shall
    permit the licensee to:
    (1) carry a loaded or unloaded concealed firearm, fully
    concealed or partially concealed, on or about his or her
    person; and
    (2) keep or carry a loaded or unloaded concealed
    firearm on or about his or her person within a vehicle.
    Basically, assuming this was written like it is in other states, the quoted portion acts as an exception to the general prohibition. To meet the conditions of this exception, a person must carry the handgun "concealed or partially concealed" (what will be interesting is if a holster counts as "partially concealed"; since it's a felony, I would not want to be the test case). If the person is not carrying concealed, then the exception does not apply; and they fall under the general prohibition, as I outlined above.
    "Eternal vigilance is the price of liberty."
    "All that is necessary for evil to triumph is for good men to do nothing."
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Ben Franklin

  21. #21
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    ILLINOIS LEGISLATUE PASSES CONCEALED CARRY! On Governor's Desk.

    But the general prohibition you outlined above is from the current law. That was struck down, was it not?


    Sent from my iPad using Tapatalk.

    <o>

  22. #22
    Regular Member
    Join Date
    Jun 2011
    Location
    Johnson City, TN
    Posts
    252
    Quote Originally Posted by eye95 View Post
    But the general prohibition you outlined above is from the current law. That was struck down, was it not?
    If I understand the ruling correctly, the law was conditionally struck down. The condition was that it would be struck down UNLESS the legislature changed the law so that carrying of a handgun in public was not absolutely and completely prohibited. Therefore, if this law is signed by the governor, if my understanding of the ruling is correct, and if there are no further legal challenges to the law, then the original law will stand, with the amendment to allow licensed concealed carry.
    Last edited by Nascar24Glock; 06-01-2013 at 08:46 PM.
    "Eternal vigilance is the price of liberty."
    "All that is necessary for evil to triumph is for good men to do nothing."
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Ben Franklin

  23. #23
    Regular Member
    Join Date
    Oct 2011
    Location
    Milwaukee Wisconsin
    Posts
    542
    Here is the 168 page replacement amendment that became HB183, mostly:
    http://www.ilga.gov/legislation/98/H...0183sam005.htm


    There is almost no Open Carry versus Concealed Carry in Illinois, now.

    Here is a definition from the Illinois HB183 Firearm Concealed Carry Act.

    Section 5. Definition. As used in this Act"
    ...
    "Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.
    Arguments and discussions will abound, but most will agree that few people can do what is commonly called "Open Carry" with a handgun, and NOT have the handgun "completely or mostly concealed from view of the public" at some point in time... Many Open Carry style holsters already cover 50% or more of the handgun.

    1. Sitting/standing next to a wall inside a building, or in an elevator.
    2. Walking next to another pedestrian, 50/50 chance.
    3. Walking near a building, fence, car or truck.
    4. In a large crowd of people.
    5. Sitting in a booth, or even a bucket type chair.
    6. Sitting in a stadium, theater with people close by on either side.
    7. Jacket or sweatshirt slips partially over the top of the holster.
    8. Checking out your groceries at the store, if the cashier is on your "off side" no one can see the handgun or holster.

    You know what I mean. At that point in time, according to this new Illinois definition, you are carrying a "concealed firearm"

    The phrase 'On or about a person within a vehicle." pretty much forces any reasonable kind of carry in a vehicle, is going to be called by the law "Concealed Carry"

    ---

    The good news is that there are a number of circumstances under which an Illinois concealed carry license is not required. They are most completely spelled out in Section 155 of the ACT (page 126 - where it has the law in the Criminal Code of 2012, that covers "Aggravated unlawful use of a weapon".

    Here is part of Section 155 (a):

    (a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:

    _(1) Carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; or
    ...
    There are a LOT of exceptions, and also exemptions. Read thru it, page 126 thru 142, and then you can summarize it for yourself.

    In these circumstances, you may be doing what most people would consider "Open Carry" but the IL law would probably call it "Concealed Carry", at least occasionally.
    Last edited by E6chevron; 06-01-2013 at 09:56 PM.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

  24. #24
    Regular Member
    Join Date
    Oct 2011
    Location
    Milwaukee Wisconsin
    Posts
    542
    Here is the 168 page replacement amendment that became HB183, mostly:
    http://www.ilga.gov/legislation/98/H...0183sam005.htm


    Illinois Statewide Preemption of Firearm laws, not so much.

    Here is a section from the Illinois HB183 Firearm Concealed Carry Act.

    Section 90. Preemption

    (NOTE: This section was modified by Senate Amendment 6, which deleted/struck "concealed", leaving the term "handgun" to standalone. In this post, the word "concealed" will have a strikethru formatting, like this: concealed. In SB2193, "firearm" was used instead of "concealed handgun" and preemption was NOT limited to the laws "application to licensees".)

    The regulation, licensing, possession, registration, and transportation of concealed handguns and ammunition for concealed handguns by licensees are exclusive powers and functions of the State. Any ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or concealed handguns and ammunition for concealed handguns in a manner inconsistent with this Act shall be invalid in its application to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
    I am very disappointed in this Section. In the SB2193, there was a fairly simple, broad State Preemption. I was never in the Navy nor have I played golf, so I swear like a 1950's cartoon character:

    DagNabbit, this stinks!

    It Preempts ordinance or regulations, by making them "invalid in its application to licensees under this Act".

    So it only protects IL Concealed Carry Licensees from these laws, and then, only in this fashion:

    The regulation, licensing, possession, registration, and transportation of handguns and ammunition for handguns by licensees are exclusive powers and functions of the State.
    I truly hope that Judge Posner will find this to be insufficient in complying with the judges objections and injunction.
    Last edited by E6chevron; 06-02-2013 at 08:14 PM.
    Wis. CCL #5x Springfield XDM 3.8 Compact .40 S&W, Utah CFP

  25. #25
    Regular Member
    Join Date
    Oct 2009
    Location
    , ,
    Posts
    240
    I think "they" were very careful to eliminate any possibility of Open Carry in HB138. I have read it several times, and what I am seeing is a very careful narrow law limiting carry to concealed only, and then only after intense scrutiny and in extremely limited areas. Trying to find any way to Open Carry in HB138 is like trying for find corn in a steaming pile of poo, where there is no corn. And, that is the nicest thing I can say about the carry provisions of this law.
    Last edited by kurt555gs; 06-01-2013 at 11:05 PM.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •