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While concealed carry laws are technically on the books in Illinois, no one can carry a gun yet. Legally. And no one will be able to until at least mid-March of next year. That’s the deadline for the state to have their concealed carry licensing system up and running as stipulated in the bill that just became law. And given the Land o’ Lincoln’s love of concealed carry, the expectation is that they’ll use up every last second of the allotted time. But the Illinois Rifle Association doesn’t believe that merely having the law on the books now is good enough to satisfy the federal court order legalizing CCW — they want actual Illini out there carrying guns ASAP. As in now. And have filed suit to make that happen . . .

From WUIS:

The Rifle Association believes lawmakers did not meet their deadline because the state’s ban on carrying guns outside the home remains in effect.

While concealed carry is officially the law in Illinois, it could be mid-March before a gun owner would actually and legally be able to carry their weapon in public. The new law gives state police six months to setup a permit system, then there’s a 90-day application process.

The Rifle Association says that delay continues to deprive lawful gun owners of their constitutional rights.

Newly filed motions ask the U.S. District Court to allow people to carry by next Tuesday, July 16.

“Plaintiffs are not asking for an unfettered right to carry firearms in public,” the court filings say.

But they want to be able to take them everywhere the new law would eventually allow them to go anyway.

What are the chances that this will actually be fruitful? Close to zero. And the Illinois AG has filed suit to invalidate the original court case now that the concealed carry law is on the books. But if nothing else, it’ll be interesting to watch. And if the NRA is actually successful, it’ll be one MASSIVE headache for Rahm Emanuel. Which is always a good thing.

21 Responses to Illinois State Rifle Association Files Suit to Speed Concealed Carry Implementation

  1. One can only hope the court grants this motion, since the sate of IL already requires a FOID card to posses a firearm, i don’t see how they can argue that this will do anything but good things. I would love court ordered FOID carry. That would be hilarious.

  2. I doubt it will do any good, but if it gives Rahm Emanuel, or others of his ilk, any discomfort ranging from indigestion to full-on butt burn, then I say it is value well received.

  3. Leghorn, With the passage of the Act people who have a carry permit from their state of residence can travel through Illinois today and keep their loaded concealed handgun on their person and not be breaking Illinois Law. Below is the part of the act with supporting info that I have on the Illinois Page at http://www.handgunlaw.us

    Sad thing is I can carry a loaded concealed handgun while in my vehicle in Illinois and residents of Illinois can’t.

    You must have a valid resident Permit/License from your home state to Carry a Loaded Handgun in a Vehicle in Illinois.

    Section 40

    (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.

    Subsection (b) of Section 65 States:

    (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.

    Section 5. Definitions. As used in this Act:

    “Concealed firearm” means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a
    vehicle.

    Note: If you have a permit/license to carry from your state of residence you can carry that loaded handgun in your vehicle while traveling through Illinois. You can’t leave your vehicle with a loaded handgun. You must unload it and store it as specified in the law below.

    (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.

    • I agree, the whole premise of the suit is that Illinois residents are not afforded the same rights as an out of state resident because of how the bill reads….

      The ISRA is hoping for a decision by July 16!

      So to say their chance of winning is “close to zero” is a bit premature….

    • Sounds like you legally can’t get gas while passing through the state. Hope you have a non-carrying passenger on your trip… Or if you’re riding a motorcycle, you gotta gas up while sitting on the motorcycle.

      What a bunch of…

  4. This might wind up before the 7th circuit, and I wonder if there is a way for the court to split the difference. The AG’s motion is to dismiss the original lawsuit that resulted in Illinois’ previous no issue law declared unconstitutional. On the other hand, even though a new law is on the books, there is no evidence yet that it has been implemented in a way that no longer infringes on the RKBA. Perhaps Posner & Co. could grant another stay on the original lawsuit and revisit it in some number of months to make sure the implementation is on track and doing its job. Assuming this is feasible legally – I am no lawyer – that’s realistically the most that could happen. I just don’t see them allowing carry with FOID immediately. The lack of training requirement for FOID would be too strong an argument, politically speaking, for the court to go against.

    • Its either the DoubleTap or the pocket shotgun their former business partner essentially ripped off from the DoubleTap

  5. If I were Plaintiffs, would file this new suit as an opposition to the motion to dismiss the appeal in Madigan. The basis of the motion to dismiss is that the enactment of the law rendered the lawsuit moot. But as this lawsuit demonstrates, it really didn’t–Illinois residents still cannot carry. So the Court of Appeals should–not that they will–issue a temporary injunction precluding enforcement of the ban until such time as the state begins to issue permits (or at least until such time as permit applications become available). To do otherwise would be to sanction the continued violation of the Second Amendment rights of the residents. And it would prevent Quinn from ordering the State Police to slow walk the development of regulations and applications forms (which rumor has it he has already done). Nothing like a “gun” to your head to get things moving!

  6. I dont understand how the state wasnt told to FOAD every time they tried to stall this from going in to effect? Wasnt CC supposed to start months ago?

  7. If they were going to fall off the cliff if they did not pass a law, why did the cliff go away so that they can now administratively drag their feet. Why did the clock reset or it seems that the clock has been thrown out.
    Is there a new Drop dead date that the court has imposed or could the State Police say it will take two years to implement and there be no recourse except file suit?
    (isn’t this where it started?)
    Legal eagles, please chime in.

  8. For one thing, the orginial ruling striking down the ban as unconstitutional did not give IL 180 (210) days to enact a law, or else. They immediately put a moratorium on allowing IL to enforce their ban, and then stayed that moratorium for 180 (210) days. So, to my understanding, the state is officially no longer allowed to enforce their ban on CC. Just because the lawmakers didn’t give us a provision for carrying for another 9 months is their own damn fault.

    On a related note, the FOID card is already a de facto ban on even owning a gun; I encouraged my girlfriend to get hers recently. We sent in her application 6 months ago and are still waiting.

    • So the way it was worded could be construed as Constitutional Carry, from the mandate date up to the enactment date of the current law, or issuence of permits…

      Interesting.

    • I lost my wallet and FOID card two weeks ago. I am entering a deep depression. The new concealed carry law has a provision for replacement of lost licenses. FOID? Not so much. You have to re-apply and wait … and wait ….

  9. If they forced IL to accept reciprocity with Utah, Arizona, or Florida permits, many Illinoisan could carry right away, and many more could carry within 30-45 days. That would make a pretty good stop gap for the time being.

  10. This is ridiculous for an IL not to be allowed to CCW especially now since the federal government has ruled that its unconstitutional and has been all along. Very fed up with the BS anti gun laws here that have no effect on the criminals who could care less about any laws in the books. Allow CCW Illinois! We are US Citizens too and the 2nd amendment applies!

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