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

LOERetired

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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/x1806126163/State-pushes-anew-to-block-hastened-concealed-carry-law
 

davidmcbeth

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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.
 
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kurt555gs

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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
 

XD40sc

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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.
 

XD40sc

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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.
 

kurt555gs

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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
 

davegran

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

pierboy.jpg
 

kurt555gs

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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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MKEgal

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kurt555gs said:
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.
 

kurt555gs

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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
 
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BB62

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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/x1806126163/State-pushes-anew-to-block-hastened-concealed-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.
 
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kurt555gs

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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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E6chevron

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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

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

Thanks.
 

kurt555gs

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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.
 

E6chevron

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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.


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.
 
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WalkingWolf

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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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