Friday, May 31, 2013

Illinois Concealed Carry Compromise Language Posted


The compromise on concealed carry in Illinois seems to have been reached. There are two amendments to HB183 by Sen. Gary Forby (D-Benton) who is one of the strongest pro-gun advocates in the Illinois State Senate.

Given that both the bill and the two amendments are quite lengthy, it will take some time to digest just what will be allowed.

The text of Amendment 5 is here and the text of Amendment 6 is here.

From what I can gather from those who are working through it on the IllinoisCarry.com forum, the amendments provide the following:

  • It is shall-issue carry
  • Preemption applies to handguns only. Will include both ammunition and magazines. See Sec. 90. Preemption applies to FOID card holders only.
  • 16 hours of training required but 8 hours can be waived for prior military service and hunter safety courses.
  • Cost of the license will be$150 for residents; $300 for non-residents. Renewal for residents is $150.
  • No reciprocity with other states
  • Establishes CUI or carrying under the influence. Penalties the same as for DUI. Applies to all including LEO.
  • A carry license doesn't exempt the holder from a NICS check on a firearms purchase
  •  Restaurants that have over 50% of profits from alcohol sales must post premises. Onus is on business owner to post.
  • Counties and municipalities have 10 days after bill signing or veto override to have firearms ordinances in place. After that time, there is state preemption on all firearms issues.
  • Law states firearm must be concealed or partially concealed.
  • Chicago/Cook County gets to keep its AWB and mag restrictions for rifles and shotguns
I'll post more when I know it.Thirdpower at Days of Our Trailers has more on it here.


UPDATE: A reader sent me an email noting the bill also has preemption on carry and preemption on transport.

 Sen. Gary Forby is now the official sponsor of the bill in the Senate along with Sen. Jim Oberweis (R-N. Aurora) while Rep. Brandon Phelps (D-Harrisburg) is now the official House sponsor. They replace Sen. Kwame Raoul (D-Chicago) and Rep. Lou Lang (D-Skoie) respectively.

Sen. Forby has introduced a 7th Amendment which changes who will appoint the NRA representative of the task force that will study how to consolidate the CCW and the FOID card into a designation on driver's licenses and state ID cards. Currently, the NRA representative would be appointed by the Speaker of the House. The amendment changes this to making the Secretary of State responsible for this.

The Senate is currently debating this bill.

25 comments:

  1. "Counties and municipalities have 10 days after bill signing or veto override to have firearms ordinances in place. After that time, there is state preemption on all firearms issues"

    I don't like this. If the state really is preempting firearms laws, then giving local governments time for firearms ordinances is pointless. Presuming this isn't pointless, this means that preemption doesn't apply to preexisting city & county ordinances, which is rather the opposite of proper preemption.

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  2. eyes on the prize, folks. Take the giant leap forward of state wide shall issue and keep fighting from there. Compare that to the other strongly liberal states....

    I like the 50% sales thing being on the business. KY has the same law but it's basically on you to take a guess.....

    Curious to see what the process is for non residents? Do I need a FOID card too?

    I get that this isn't perfect, but as someone who spends a considerable amount of time in IL, and in light of where we're coming from, it's almost unthinkable that I could soon be walking down the magnificent mile armed!

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  3. Curious to see what the process is for non residents? Do I need a FOID card too?
    Probably. But can non-residents get one? And did you see the bit about state preemption not applying to people without FOID cards? That means that Chicago still gets to lock non-residents out. Sneaky.

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  4. IT IS CHICAGO BULL. ONE LAW FOR STATE SHALL ISSUE.IF CHICAGO DONT LIKE IT HOUSE VOTE IDT DOWN . LET COURTS MAKE IT UP

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  5. I'm retired law enforcement and curious to see how this impacts LEOSA (Law Enforcement Officers Safety Act), if at all. I DO like having a Carrying Under the Influence provision, although just banning possession in taverns is silly (for example, I eat lunch several times a week in one and I rarely drink, even in the evening). I like that CUI applies even to police officers. Banning on CTA is silly. Where do I leave mine if I'm, god forbid, running around Chicago? Same with any so-called gun-free zones -- dumb (I hope they aren't churches, theaters, parks . . . why would I EVER take my grandchild to a park and forego the opportunity to protect her?). If I'm carrying under LEOSA, as I have for years, do I have to give Illinois its money and take tests, etc.? Ah, Illinois, you've always been messed up. Anyway, congrats for at least getting SOMETHING for citizens.

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  6. In the original bill text the FOID was waived for non-residents, you just have to provide proof you are eligible to own a firearm. It listed carry permits as an example.

    That doesn't appear to have changed.

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  7. Waiving the FOID so it's not a crime for a non-resident to possess a firearm is orthogonal to the question of people without FOIDs not having the benefit of state preemption. Both can be simultaneously true.

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  8. George P. BurdellJune 1, 2013 at 9:46 AM

    Welcome to North Carolina, Illinois residents. Even though you won't recognize our CCH permits, we'll recognize yours.

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  9. I think that putting a FOID card or CCW designation on your Illinois drivers license or state ID would be a huge mistake. Think about it. When you go to a store and pay with a check, you have to show your ID. You're telling the cashier that guns are available at that address. But even worse is when you apply for a job. You have to show your ID to a prospective employer. What if that prospective employer is anti-gun? Then they won't hire you.

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  10. You have to show your ID to a prospective employer. What if that prospective employer is anti-gun? Then they won't hire you.

    I doubt that was an unintended consequence.

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