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Thread: Illinois residents wants to be allowed to publicly carry (OC) firearms immediately

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    Regular Member cowboyridn's Avatar
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    Illinois residents wants to be allowed to publicly carry (OC) firearms immediately

    Under the last-in-the-nation concealed carry law, which was passed July 9, Illinois State Police have 180 days to set up a program before accepting applications, plus an additional 90 days to process the forms. The Illinois state rifle association (ISRA) has filed for injunctive relief, as a result of continued violation of its members constitutional rights. Mary Shepard and the Illinois State Rifle Association filed a motion for an injunction Wednesday July 17, 2013 in the U.S. District Court for southern Illinois. Shepard's motion says gun owners should not have to wait to carry because of Illinois lawmakers' "procrastination." The state of Illinois fired back, saying in its own filing that the request from Mary Shepard and the Illinois State Rifle Association is moot and should be thrown out.


    The complete list beginning with the initial complaint all the way to the current request for injunctive relief can be found at: http://www.isra.org/lawsuits/index.html#Shepard

    http://www.sj-r.com/thedome/x1806126...aled-carry-law

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    In the Moore case, the complaint listed that he was being limited as to the method of carry.

    In the Shepard case, all that was plead is that she was not able to carry.

    The Moore case resulted in a finding that would cover the Shepard case.

    If Shepard would have wrote a similar paragraph as in Moore regarding the state limiting the method of carry then I would agree that the Shepard case is not moot.

    But the Shepard case did not .... so I think that the state has a good chance of getting the case terminated.

    Shepard is now asking for instant carry for FOID card holders. But the courts, due to the Heller decision, will not bite IMO.


    The residents of Illinois should have called their reps and had the amended bill voted down but the veto not overridden IMO...would have been better off.
    Last edited by davidmcbeth; 07-20-2013 at 11:52 AM.

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    They, the ISRA want Concealed Carry immediately. The ISRA has never been a friend of Open Carry to my knowledge.

    Carthago Delenda Est

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    Regular Member XD40sc's Avatar
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    My bet is that the first normal IL citizen that legally carries a gun in any fashion on the streets of IL will not happen before mid-2014, and should really worry if they have to interact with most LEO's in the state.

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    Campaign Veteran ComradeV's Avatar
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    Illinois residents wants to be allowed to publicly carry (OC) firearms immediat

    We still may transport our unloaded handguns.

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    Regular Member XD40sc's Avatar
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    Quote Originally Posted by ComradeV View Post
    We still may transport our unloaded handguns.
    Go to a tool store and buy a pipe wrench, much cheaper than a handgun, and probably more effective as a self-defense weapon. No FOID, no registration.

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    Campaign Veteran ComradeV's Avatar
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    Illinois residents wants to be allowed to publicly carry (OC) firearms immediat

    Pipe wrench is so heavy though.

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    Pipe wrench weighs the same as my Ruger Super Blackhawk. Loads just as quickly too.

    Sent from my GT-I9505G using Tapatalk 2

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    Regular Member XD40sc's Avatar
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    Quote Originally Posted by ComradeV View Post
    Pipe wrench is so heavy though.
    Thus the more effective for self-defense, than an unloaded handgun.

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    Quote Originally Posted by kurt555gs View Post
    Pipe wrench weighs the same as my Ruger Super Blackhawk. Loads just as quickly too.

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    AND never runs out of ammo ... sweet

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    3 cell LED Maglite with leather belt holder. Classy, timeless, effective.

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    In Illinois we can now "Transport" a handgun state wide as long as it is unloaded and enclosed in a case. Ammunition storage and location is totally unregulated.

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    Last edited by kurt555gs; 07-26-2013 at 10:14 AM.

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by kurt555gs
    In Illinois we can now "Transport" a handgun state wide as long as it is unloaded and enclosed in a case. Ammunition storage and location is totally unregulated.
    AFAIK, that's been the case for quite a while now.
    IL essentially had unloaded concealed carry.
    (Except that Chitcago had its own worse laws.)

    I think the legal case would be better made on equal protection grounds, since non-residents are now (as of the day they overrode the veto) allowed to cc in their cars and residents can't. If I ever decide to go through the Chitcago area again, at least I'll be protected from carjacking.
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    It wasn't only Chicago. There were about 20 home rule towns, mostly near Chicago that had their own transportation laws. Now there is state wide preemption to transport unloaded and in a case. Also ammunition location and method of transport is totally unregulated state wide.

    Carthago Delenda Est
    Last edited by kurt555gs; 07-26-2013 at 01:40 PM.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by cowboyridn View Post
    Under the last-in-the-nation concealed carry law, which was passed July 9, Illinois State Police have 180 days to set up a program before accepting applications, plus an additional 90 days to process the forms. The Illinois state rifle association (ISRA) has filed for injunctive relief, as a result of continued violation of its members constitutional rights. Mary Shepard and the Illinois State Rifle Association filed a motion for an injunction Wednesday July 17, 2013 in the U.S. District Court for southern Illinois. Shepard's motion says gun owners should not have to wait to carry because of Illinois lawmakers' "procrastination." The state of Illinois fired back, saying in its own filing that the request from Mary Shepard and the Illinois State Rifle Association is moot and should be thrown out.

    The complete list beginning with the initial complaint all the way to the current request for injunctive relief can be found at: http://www.isra.org/lawsuits/index.html#Shepard

    http://www.sj-r.com/thedome/x1806126...aled-carry-law
    Correction - there is no mention of OC in the injunction.

    Upon reading the title, and missing the OC reference, my first thought was "Way to go ISRA!!" - then I read the injunction: http://www.isra.org/lawsuits/ShepardvMadison/motionforinjunction071013.pdf

    So the ISRA considers a permission slip to carry (and NO OC) to be "in line with the Second Amendment as construed by the court"??

    VERY SAD.
    Last edited by BB62; 07-26-2013 at 01:15 PM.

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    The ISRA, NRA, and " The Website that shall not be named ", have been no friend to Open Carry in Illinois. Actually more detrimental to OC than the anti's in many cases.

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    Last edited by kurt555gs; 07-26-2013 at 01:44 PM.

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    Quote Originally Posted by kurt555gs View Post
    It wasn't only Chicago. There were about 20 home rule towns, mostly near Chicago that had their own transportation laws. Now there is state wide preemption to transport unloaded and in a case. Also ammunition location and method of transport is totally unregulated state wide.

    Carthago Delenda Est
    Please cite this preemption to a source in the Illinois law.

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    (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 effective
    date 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 a valid Firearm Owner's
    Identification Card issued by the Department of State Police
    under this Act.

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    Quote Originally Posted by kurt555gs View Post
    (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.


    So subsection (a) says that municipal ordinances that impose greater restrictions or limitations, are not invalidated or affected by this Act, except as otherwise provided in this act and subsections (b) and (c)

    (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 effective
    date 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 a valid Firearm Owner's
    Identification Card
    issued by the Department of State Police
    under this Act.

    Subsection (b) offers preemption (invalidates) from municipal ordinances that impose regulations or restrictions, that are applied to a holder of a valid Illinois Firearm Owner's Identification Card. Since FOID cards are not even issued to someone who is not an Illinois resident, that sure doesn't help a resident of Wisconsin.
    ==========
    Out of Illinois residents don't get much protection here, from local Illinois laws.
    Last edited by E6chevron; 07-30-2013 at 09:02 PM.
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    Regular Member WalkingWolf's Avatar
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    IMO I would not carry a unloaded handgun, it is difficult enough to draw a loaded handgun when SHTF. A good hickory cane and pepper spray would be better than a unloaded gun.
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    E6, non residents get exactly the same protection as FOID card holders because of People v McDade. Go to the Illinois state police website -> Firearms / FOID -> How to legally transport your firearm in Illinois. Read.

    WakingWolf for us Illinois residents it's unloaded and enclosed in a case, or nothing. However WW, you are right about an unloaded gun being useless in a stress situation.

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    Last edited by kurt555gs; 07-30-2013 at 09:28 PM.

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    Quote Originally Posted by kurt555gs View Post
    E6, non residents get exactly the same protection as FOID card holders because of People v McDade. Go to the Illinois state police website -> Firearms / FOID -> How to legally transport your firearm in Illinois. Read.

    WakingWolf for us Illinois residents it's unloaded and enclosed in a case, or nothing. However WW, you are right about an unloaded gun being useless in a stress situation.

    Soylent Green is made out of people.
    I went to the Illinois State Police web site, and read about the Illinois municipalities with firearms ordinances:

    http://www.isp.state.il.us/foid/ordinances.cfm

    Now the municipalities do not have to submit the ordinances until 6 months after they are effective, so the list could be up to 6 months old. But it shows 45 municipalities now.

    ===================

    I looked at the brochure from the state police regarding firearms transportation:
    http://www.isp.state.il.us/docs/1-154.pdf

    I particularly like this question and answer...

    HOW DO I TRANSPORT A FIREARM
    THROUGH AN ILLINOIS COMMUNITY WITH AN
    ORDINANCE THAT PROHIBITS FIREARMS OR
    HANDGUNS?

    Illinois’ Unlawful Use of Weapons law does not
    preempt local ordinances from banning fi rearms.
    Persons carrying or transporting fi rearms through
    such communities could be subject to local fi rearm
    ordinances.
    It is recommended that you contact local
    authorities regarding their fi rearm ordinances.

    ================

    I'm looking forward to the cite about People v. Mcdade court decision
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    All municipal laws regarding transportation are now void after the passage of PA 098-0063 ( 430 ILCS 65/13.1 ) b.

    There is total state wide preemption on the transportation of firearms.

    The ISP needs to update their website.

    You will see that non residents are treated the same as residents with a FOID card in that ISP .PDF file.

    Did you find the McDade cite yet E6? Need help?

    Carthago Delenda Est
    Last edited by kurt555gs; 07-30-2013 at 10:47 PM.

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    This is the Illinois state police CCW FAQ page:

    http://www.isp.state.il.us/firearms/ccw/ccw-faq.cfm

    I found this question and answer interesting...

    Are out-of-state Concealed Carry permit holders granted reciprocity in Illinois?

    No. Out-of-state residents who want to carry a concealed firearm on his/her person must obtain an Illinois Concealed Carry License to lawfully carry a concealed firearm in Illinois. In order for out-of-state residents to be eligible for an Illinois license, their state’s concealed carry license laws must be substantially similar to those of Illinois. The Illinois State Police will establish rules to identify the elements necessary to meet the substantially similar requirement.

    However, out of state residents are granted a limited exception to lawfully carry a concealed firearm within a vehicle if they are eligible to carry a firearm in public under the laws of his or her state or territory of residence and are not prohibited from owning or possessing a firearm under federal law. This rule becomes effective immediately.

    If the non-resident leaves his/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 the Firearm Concealed Carry Act.
    I still have not seen any citations that give me a good feeling about the total preemptions of local firearm transportation ordinances. The cites I have seen/found, indicate otherwise.
    Last edited by E6chevron; 07-30-2013 at 10:48 PM.
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    PA 098-0063 ( 430 ILCS 65/13.1 paragraph (b).

    Total state wide preemption on the regulation of handguns and the transportation of all firearms.

    Part of the concealed carry bill that just went into law a few weeks ago.

    People vs McDade gave us three things. First the rear center console in a car is a "case" the same as the front one in Diggins. Two, opening a "case" momentarily to check that the firearm is unloaded is not a violation. And third, non residents are to be treated the same as residents with a FOID card. Now non residents that can carry a firearm in public in their own state can carry loaded anywhere in a vehicle in Illinois as a bonus.

    Carthago Delenda Est
    Last edited by kurt555gs; 07-31-2013 at 12:25 AM.

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