HB0977, Illinois’ long-awaited concealed carry bill, has dropped. The executive summary: HB0977 puts the Illinois State Police in charge of the permitting process and turns The Land of Lincoln into a “shall issue” state. To wit: “The Department shall have the burden of proving by clear and convincing evidence that the applicant would pose a danger to the applicant’s self, another, or public safety, or would use a firearm unlawfully, if granted a license to carry a concealed firearm under this Act.” Did Chicago Mayor Rahm Emanuel just throw up in his mouth a little? There’s no carve-out or exemption from the State permitting process for Cook County or Chicago . . .
License holders can’t carry in the General Assembly, court houses, town meetings (and suchlike), bars, child care facilities, casinos, amusement parks, stadia, mental health facilities, libraries, cop shops and . . . wait for it . . . schools and colleges. Unless school/college authorities authorities grant the license holders their consent.
I guess I'm just too cynical but I'll wait to see the first person in IL issued a concealed permit under this law.
HB0977, Illinois’ long-awaited concealed carry bill, has dropped. The executive summary: HB0977 puts the Illinois State Police in charge of the permitting process and turns The Land of Lincoln into a “shall issue” state. To wit: “The Department shall have the burden of proving by clear and convincing evidence that the applicant would pose a danger to the applicant’s self, another, or public safety, or would use a firearm unlawfully, if granted a license to carry a concealed firearm under this Act.” Did Chicago Mayor Rahm Emanuel just throw up in his mouth a little? There’s no carve-out or exemption from the State permitting process for Cook County or Chicago . . .
Assuming it does actually work, however, the next step would be reciprocity with other States. I can see the good mayor "driving the porcelain bus" all night when he finds out Texas CHL holders can carry in his State.
jmra wrote:I doubt what actually becomes law resembles this bill in the least.
If they get concealed carry in ANY form, it'll be a start.
They won't be able to crow about no concealed carry anymore.
You can move mountains with a shovel if you just get started and keep working.
LabRat
This is not legal advice.
People should be able to perform many functions; for others and for themselves. Specialization is for insects. — Robert Heinlein (Severe paraphrase)
Whatever is passed must pass the scrutiny of a recent court ruling. There is another thread about that ruling.
Additionally, Maryland is having a hard time defending that state's May Issue laws. Whatever passes in IL is going to have to pass the Shall Issue tests also.
No State shall convert a liberty into a privilege, license it, and charge a fee therefor. -- Murdock v. Pennsylvania If the State converts a right into a privilege, the citizen can ignore the license and fee and engage in the right with impunity. -- Shuttleworth v. City of Birmingham
If this bill becomes law reciprocity is built in according to section 65(b):
1 Section 65. Non-resident applications and reciprocity.
2 (a) A person from another state or territory of the United
3 States may apply for a non-resident license. The applicant
4 shall apply to the Department and must meet the qualifications
5 established in Section 25. The applicant shall submit:
6 (1) the application and documentation required in
7 Section 30;
8 (2) a notarized document stating the applicant:
9 (A) is eligible under federal law and the laws of
10 his or her home state to possess a firearm;
11 (B) if applicable, has a license or permit to carry
12 a firearm or concealed firearm issued by his or her
13 home state and that a copy is attached to the
14 application;
15 (C) is familiar with Illinois laws pertaining to
16 the possession and transport of firearms; and
17 (D) acknowledges that the applicant is subject to
18 the jurisdiction of the Department and Illinois courts
19 for any violation of this Act; and
20 (3) a $25 application fee.
21 In lieu of an Illinois State driver's license or
22 identification card, the person shall provide similar
23 documentation from his or her state or territory.
24 (b)(1) Notwithstanding subsection (a) a nonresident of
25 Illinois may carry a handgun in accordance with this Act if the
26 nonresident:
HB0997 - 16 - LRB098 04070 RLC 34093 b
1 (A) is 21 years of age or older;
2 (B) has in his or her immediate possession a valid
3 license that authorizes the individual to carry a concealed
4 firearm issued to him or her by another state; and
5 (C) is a legal resident of the United States.
6 The Department shall enter into reciprocal agreements with
7 any other state whose requirements to obtain a license or
8 permit is substantially similar to those requirements
9 contained in Section 85.
10 This paragraph (1) of subsection (b) applies only to
11 nonresident concealed weapon or concealed firearm license
12 holders from states that honor Illinois concealed weapon or
13 concealed firearm licenses.
14 (2) A nonresident is subject to the same laws and
15 restrictions with respect to carrying a handgun as a resident
16 of Illinois who is licensed under this Act.
17 (3) If the resident of another state who is the holder of a
18 valid license to carry a concealed weapon or concealed firearm
19 issued in another state establishes legal residence in this
20 State the license shall remain in effect for 90 days following
21 the date on which the holder of the license establishes legal
22 residence in this State. For the purposes of this paragraph,
23 the person may establish legal residence in this State by: (A)
24 registering to vote; or (B) obtaining an Illinois driver's
25 license or state identification card; or (C) filing for
26 homestead tax exemption on property in this State.
And here I was thinking of: A) Moving in with my stepdaughter for a while; and then after I saw section 65(a) I said, "gee whiz I can just apply as a non-resident"; and then I saw 65(b).
But knowing Illinois, it won't pass that way except and unless it is the only bill submitted in the 180 days they have to pass such a law and if it isn't amended all to pieces.
One can always hope.
And pone can wonder what the court thinks will happen if the legislature and the governor don't pass something in 180 days???
i8godzilla wrote:Whatever is passed must pass the scrutiny of a recent court ruling. There is another thread about that ruling.
Additionally, Maryland is having a hard time defending that state's May Issue laws. Whatever passes in IL is going to have to pass the Shall Issue tests also.
But that is the whole reason this bill was submitted, in response to that ruling, and as such it should pass scrutiny.
i8godzilla wrote:Whatever is passed must pass the scrutiny of a recent court ruling. There is another thread about that ruling.
Additionally, Maryland is having a hard time defending that state's May Issue laws. Whatever passes in IL is going to have to pass the Shall Issue tests also.
What they pass more than likely will not meet the courts expectation which means Ill will appeal and the whole thing goes on for several more years without any resolution.
Life is tough, but it's tougher when you're stupid.
John Wayne
NRA Lifetime member
