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Federal appellate court rules Illinois gun carry laws unconstitutional

Discussion in 'The Okie Corral' started by HerrGlock, Dec 11, 2012.

  1. WarCry

    WarCry

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    Ya know, I hadn't even thought of that. Thanks for bringing that up. I think MOST of the state would be smart about it, but it only takes one or two "off the reservation" types to make life a pain....
     
  2. davew83

    davew83 hhhhhhhhmmmmmmm

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    Did not know that.
     

  3. redbaron007

    redbaron007 Some Dude Lifetime Member

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    Actually, it has been nullified. If the appeals court has ruled carrying is legal in IL, then these municipalities would be going against precedent, in other words, they would be defying the courts decision, wouldn't they? With this in mind, even with home rule, they still can't pass a law to reverse the appeals court on that decision.

    :wavey:

    red
     
  4. Gallium

    Gallium CLM

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    '

    You sir, are a prophet. Messianic actually. :supergrin:
     
  5. WarCry

    WarCry

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    It's not a concern about them making it illegal altogether. I don't think any city or county would try that after the court case. Even Chicago caved after McDonald (because they had to). But look at how they did it.

    The problem is if there's no law, then counties COULD make their own carry-rules by ordinance. So the problem is like this:

    My city doesn't pass anything new, so for me, my FOID card is my authorization to carry. I slide my Glock onto my belt and pack up the family for a 4-hour drive to visit family. Along the way, I pass through Springfield, Champaign, Decatur. If Springfield says I need to have 16 hours of classes to get a permit, and Champaign says I have to have a permit from their city police chief, and Decatur says no magazines of more than 10 rounds, I've just committed 3 gun crimes on a 4 hour drive just because there's no common set of rules. All it would take is me being a few miles over the speed limit to get stopped and nailed to the wall.

    That's a pretty far out-there example, and I don't think it would be nearly that bad. But the potential is there, and I hadn't even thought of that.
     
  6. IndyGunFreak

    IndyGunFreak

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    What's funny is, he used an old liberal standby:

    "If we don't pass a law, it'll be the wild west! Then people can just walk down the street without any limitation. So, we have the obligation to pass a bill. The NRA would be happy if we passed nothing."
     
  7. WarCry

    WarCry

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    Yeah, I just about laughed out loud when I read that. I'm waiting for Gov. Quinn to say "we MUST pass a CCW law! It's for the children!"
     
  8. WarCry

    WarCry

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    edit: double post
     
    Last edited: Jan 29, 2013
  9. redbaron007

    redbaron007 Some Dude Lifetime Member

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    I don't disagree at all with what you said. We have that patchwork in MO for open carry. As to them banning CCW by the municipality, I doubt very seriously that will or can occur.

    I wouldn't be too surprised in upstate, Chicagoland, if they wouldn't try something as you suggested.

    :wavey:

    red
     
    Last edited: Jan 29, 2013
  10. WarCry

    WarCry

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    Brandon Phelps new law is up:

    HB0997


    There was a glitch in the ILGA website, so it was originally posted at HB1001, but the full text will be posted under HB0997 shortly.

    Highlights:
    License fee of $25 (was $100 under HB0148)

    Training requirements are a class at least 4 hours (including NRA Basic) courses and live-fire, 30 rounds (20 at 7 yds, 10 at 15 yds) with a 70% hit score on B-21 target (hit in the black).

    Reciprocity is listed as:
    I guess that "substantially similar" part will be one of the things worked out in the details.


    Looks like a pretty good bill to me.
     
  11. domin8ss

    domin8ss

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    Problem with this is nonresidents that are living in Illinois, ie, Naval Station Great Lakes. Illinois State Supreme Court ruled in April 2011 that nonresidents don't need FOID cards to own, transport, or possess firearms. As for reciprocity, Utah is the least likely to get it. I'm a Utah resident permit holder.
     
  12. raven11

    raven11

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    So those Utah CCW classes everyone is teaching is a waste of money? I knew it:rofl:
     
  13. Bren

    Bren NRA Life Member

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    So has anybody tested the current situation up there? Suspending the effect of a decision that a law is unconstitutional, doesn't really mean anything. The court decision does not make the law invalid - it recognized that it already was. It was unconstitutional before the decision and it is now, so it creates an interesting situation.
     
  14. HerrGlock

    HerrGlock Scouts Out CLM

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    Is this what you're looking for?

    http://www.sj-r.com/breaking/x1578913893/Man-asks-concealed-carry-charge-be-dismissed
     
  15. Bren

    Bren NRA Life Member

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  16. HerrGlock

    HerrGlock Scouts Out CLM

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    I really hope people take advantage of this time.

    Right now the no-ccw law has been declared unconstitutional.

    http://constitution.org/uslaw/16amjur2nd.htm
    So as of right now, technically IL has Constitutional carry.

    Anyone in jail/prison on the charge of carrying concealed as their only crime has cause to sue for release and may very well have cause to sue for damages.

    Here's an interesting one, anyone having been turned down for a FOID who ONLY has illegal CCW on their record and that's the exclusive reason for denial of FOID may very well have a case to sue for Illegal denial of Constitutional Rights.

    Dunno, but this gets more interesting the deeper one looks into it.
     
  17. IndyGunFreak

    IndyGunFreak

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    Would you want to be a test case... especially since it appears CCW is on the horizon.

    Head over to opencarry.org... you can bet one of those knuckleheads is ready to test this..lol
     
  18. domin8ss

    domin8ss

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    Yes, but only when you are in Illinois. Go to a state that reciprocates Utah CCW and you're good. Illinois has come out and stated that Utah ccw is not recognized. This was prior to the federal court ruling.
     
    Last edited: Jan 30, 2013
  19. jpa

    jpa CLM

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    Do you know if Gura filed his answer yet or when he did?

    I'm not a fan of the reciprocity as written. They should push for honoring ALL permits issued elsewhere. It would probably get amended down to what's proposed now, but why not ask for it?

    For instance, Nevada's list of recognized permits is worded similarly without requiring them to enter agreements with the other states. The state is required to review the ccw requirements of other states annually and if the requirements are substantially similar, they get added to the list of recognized permits. Florida used to be on the list until they went to a 7 year issuance. Since our permits are issued for 5 years, the state declared they were no longer substantially similar so they removed Florida. Of course since Florida has "you honor ours and we'll honor yours" type reciprocity, my NV permit is no longer honored in Florida.
     
    Last edited: Jan 30, 2013
  20. IndyGunFreak

    IndyGunFreak

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    I'd imagine most of us here agree. However, we're talking Illinois. This is really a big step for people in that state. Very few CCW bills are perfect.

    Get something passed that can pass without much of a fight, and you work out the details as time goes along (perfect example is the "buckeye tuck" that Ohio had to deal with because even w/ a CCW, they could not conceal their firearm in a vehicle)

    IGF