Illinois CCW??.. .. Open Carry Info .. .. Thank You!

[Gary Slider]

Illinois is still up in the air with their carry law. Some are even saying they just might not pass anything and let local governments have total control. If this happens there will be hundreds of carry laws in Illinois and cataloging them all would be impossible for Handgunlaw.us. This would be a total mess. They have until June 9th to come up with a bill. We will know in the next couple of weeks how things will play out in Illinois. I have refrained from evening reading the bills put forth as they are changing so much from one day to the next.

www.handgunlaw.us has just added an “Open Carry Without a Permit/License” Section to each states page. It doesn’t go into great detail about Open Carry but states if it is legal or not and gives people other resources to checkout for more information on the subject. If you have time I would appreciate you checking out your states new Open Carry Section and give me any feedback on what it contains. Do check out a couple other states Open Carry Section as you will see most give the same basic info. Please email me ( [email protected] ) with any feedback or by clicking on “Contact Us” at the bottom of the main page at www.handgunlaw.us I will definitely see that and can miss a Private Message. I try to read every reply to my posts but I also have family that comes first.

Handgunlaw.us over the years has added other info to each states page based mainly on the questions I receive from those who use the site. I believe I have answered every relevant email I have received. I don’t always have an answer to their question and in those instances try to steer them to someone who can give them an answer. Please give me time to respond to any emails you send. I also depend on people just like you to give me a heads up on law changes that happen in the different states. I couldn’t do this all by myself. “Thank You” for all your assistance over the years! It is very much appreciated!!

 

[Jeff H]

Thanks for keeping us up to date and for all your hard work Gary. We appreciate it.

 

[Gray Peterson]

Gary,

Assuming the bill is signed by the Governor, there would be handgun preemption.

 

[Gary Slider]

There is a lot of places a person can't carry but at least they have a parking lot storage law to cover all those places. Yes there is preemption for Handguns. The bill is actually better than I thought it would be. It is Shall Issue and they will issue to non residents. Expensive. It also looks like if you are traveling through IL you may be able to keep your firearm on your person in your vehicle. That is the way it reads to me. After it becomes law if the Gov signs it then we will get to hear all that is really in it.

It looks to me like it will not take effect until Jan 1, 2014. That is the way IL laws work. Will have to wait and see on that also.

 

[Jeff White]

It looks to me like it will not take effect until Jan 1, 2014. That is the way IL laws work. Will have to wait and see on that also.

That's not the way Illinois laws work. The author can give the bill an immediate effective date. Many laws are effective 90 days after they are signed and I have seen some effective immediately.

 

[Gary Slider]

I hope you are correct!

 

[Gary Slider]

The law gives the State Police 180 days to set things up and make applications available. So it could be 6 months after the Governor Signs or his veto is overridden before anyone could apply. The Governor has 60 days to sign the bill. It looks to me like applications will not be available until late November at the earliest or early 2014 at the latest. The law also states that training must be conducted by Trainers certified by the state. So they have to certify trainers also. Write the Administrative Rules on how things will be done. It will take time to do that. Then when they do make applications available they are going to be swamped. The law says they have 90 days to issue. I bet that set time is missed. There is a lot in this law and they will have to set things up to implement it and that will also take time.

The Part I am looking at closely and believe it will allow anyone with a permit/license to carry from their state of residence to keep their firearm loaded and on their body or in their vehicle when traveling through Illinois. They can only have it on them in their vehicle and can't get out of the vehicle without unloading it. Here is the part of the law below.

(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 65 (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.

 

[Scimmia]

deleted

 

[jim243]

The law gives the State Police 180 days to set things up and make applications available.

Only if Quinn signs the bill will it become law. If he does not do that by June 9th then we can carry with just our FOID cards so I understand. He is between a rock and the hard place, if he signs we should be able to carry in 90 days, if he does not sign it we can carry next week.

Jim

 

[Gary Slider]

Here is the wording in the law. They have 180 before they even have to make applications "Available." Then they have 90 days to issue. That gives them 9 months before the first one would be in the hands of an IL resident if they wish. Again they have to write all the Administrative Rules and even come up wit an Application.

The Governor will sign it before the 9th or shortly thereafter. If he doesn't everyone with a FOID card can carry. He won't allow that to happen. The Legislature has spoken and he will most likely state he didn't want to sign it but he didn't have a choice.

(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.

 

[JTHunter]

Gary - I don't know about that. Queball said in an interview that he was in favor of the home-rule cities being allowed to set their own rules.
That confusing patchwork of laws would be so confusing and contrary that people would either NOT carry, or get caught up in legal "quicksand" by crossing some invisible and arbitrary line (as if Illinois weren't the laughing stock of the country already!)

 

[Black Butte]

So will Illinois residents have to pay for both a FOID card and a concealed carry license? Logic would suggest that the carry license should double as a FOID card without the need for redundant background checks.

 

[Trent]

So will Illinois residents have to pay for both a FOID card and a concealed carry license? Logic would suggest that the carry license should double as a FOID card without the need for redundant background checks.

Yes, and you brought up logic and Illinois, which is like trying to divide by zero, or finding the fraction that equals the square root of an irrational number.

 

[Sheldon J]

I've recently read that their new CCW law is not very good....
16 hour training, $300 fee, NO RECIPROCITY WITH ANYONE...

 

[paulgl26]

300 for nonresident and 150 for residents

 

[Trent]

24 sections of gun free zones - some with multiple exclusions in each.

It's... not pretty.

 

[wicked251]

180 days? I know thats what it says, but ive been waiting almost 75 days for my foid to show up. The law states the ISP must issue or deny it within 30 days. The ISP will drag their feet and screw us for as long as they can.
I wrote my representative and had a reply, we'll see what happens.

 

[Trent]

Two of my friends just waited a verified 4 months for their FOID's.

I have no faith in ISP's ability to manage CCW smoothly.

 

[wicked251]

Exactly my thoughts as well.

 

[GarySTL]

Saw on the news tonight that the Madison County States Attorney is refusing to prosecute folks caught carrying concealed. If someone is arrested, he's not going to prosecute the case. Says that since the court says not having CCW that's all he needs to know.

 

[JTHunter]

True Gary but it didn't take the LEOs long to reply.

Last night, the local TV news in St. Louis were reporting about the Madison County State Attorney's statement that they would no longer prosecute people for concealed carry of a fully loaded and functional handgun.

UNFORTUNATELY, KMOX Radio reported on the 11 a.m. news this morning that the ISP, Sheriffs Assoc, etc., had released a statement that they would continue to enforce the UUW statutes and that people would still be subject to arrest.

Getting crazy out there folks!

 

[rugerman07]

Once Quinn signs the bill the law will go into effect immediately. But, it will be another 180 days (6 months) after Quinn signs the bill before applications for a permit become available. The State Police will have 90 days to process your application and can extend that time frame, so we're looking at an additional 90+ days on top of that. It will be around March, 2014, (at the earliest), before anyone will actually get a permit?

I feel like Brandon Phelps dropped the ball on us. His 1st bill, HB997 was a good one, but it got whittled down to it's current status HB183 which is a lousey bill and will be even worse once Quinn and Lisa Madigan make their changes to it.

The ball was in Brandon Phelps court, he had the leverage to get HB997 through the house and senate. All he had to do was say, here's the bill, it's a fair and just bill, we won't accept any changes to it, either pass it or Constitutional Carry will become law on June,9th.