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A controversial concealed carry bill moves to the Illinois Senate floor Friday. Senate Bill 183 lays out who could carry guns and where they would be permitted specifically in cities with more than 25,000 people.
The stipulation, known as the home rule, is the main reason most downstate senators said they would not vote for the bill.
“I don’t view that as a good connection to give municipal governments additional authority beyond the state law," said Sen. Andy Manar (D-Bunker Hill).
“All that I think leaves an awful lot of opportunity for someone to be a felon by just simply walking into a town or a location.” said Sen. Dave Luechtefeld (R-Okawville). “That has a situation where guns are not permitted.”
The Democrat from Bunker Hill agreed with his Republican counterpart.
“All that, I think, leaves an awful lot of opportunity for someone to be a felon by simply walking into a town or a location that has a situation where guns are not permitted,” Sen. Dave Luechtefeld (D-Bunker Hill) said in a phone interview.
Both senators said what makes this particular debate interesting is that it is not a fight between Democrats and Republicans. Instead, it is geography based.
In essence, they believe whatever eventually becomes a final bill on concealed carry will pit Chicago legislators against the rest of the state.
While Manar and Luechtefeld are confident it will not get off the Senate floor Friday, they both said they feel something will be decided before the legislative session ends in Springfield on May 31. That’s just a week and a half before the June 9 deadline federal judges set for Illinois lawmakers to figure out some type of concealed carry ruling.
Illinois is the last state in the country to have a concealed carry law.
Originally posted by mikegrouchy
...So, Chicago has all but admitted
that not only are they not part of the United States,
but they are too good to be part of Illinois as well.
Mike Grouchy
Synopsis As Introduced
Creates the Family and Personal Protection Act. Permits the county sheriff to issue permits to carry concealed firearms to persons at least 21 years of age who meet certain requirements. Requires an applicant for a permit to have completed specified training requirements developed by the Illinois Law Enforcement Training Standards Board consisting of classroom instruction and live firing exercises. Preempts home rule. Amends the Illinois Police Training Act and the Criminal Code of 1961 to make conforming changes. Effective immediately.
Home Rule Note (Dept. of Commerce & Economic Opportunity)
HB 148 does pre-empt home rule authority.
Fiscal Note (Illinois State Police)
The fiscal impact for HB 148 is as follows: The Firearms Services Bureau (FSB) would need the additional personnel and equipment: three additional personnel and equipment required to assists sheriffs for prohibiting issues (approximately $200,000.00 salary/benefits funding required). Start up Costs (FOID Mainframe and database modifications) = $500,000; Application to apply development = $20,000; Annual Costs (3 personnel salary/benefits) = $200,000; Total Estimated Costs = $720,000.
Balanced Budget Note (Office of Management and Budget)
The overall fiscal impact to the State will be minimal in the form of some administrative costs at the State level.
House Floor Amendment No. 1
Provides that a concealed firearm permit does not authorize a person to carry a concealed firearm into any public library without the authorization or approval by the governing entity of the library.
House Floor Amendment No. 2
Deletes reference to:
50 ILCS 705/10.6 new
Adds reference to:
5 ILCS 140/7.5
30 ILCS 105/5.786 new
720 ILCS 5/21-6 from Ch. 38, par. 21-6
Replaces everything after the enacting clause. Creates the Family and Personal Protection Act. Provides that the Department of State Police shall issue a license to carry a loaded or unloaded handgun to an applicant that meets specified qualifications, has provided the application and specified documentation, and has submitted the requisite fees. Provides that a license to carry a handgun entitles a licensee to carry a loaded handgun, either concealed or openly, on or about his or her person or in a vehicle, except in certain prohibited locations. Provides that the license shall be issued by the Department of State Police within 45 days of receipt from a sheriff and shall be valid throughout the State for a period of 5 years from the date of issuance. Provides for renewal of licenses. Establishes qualifications for licensees, certified firearms instructors, and instructor trainers. Provides that it is declared to be the policy of the State that it is an exclusive power and function of the State to regulate the possession and transportation of handguns and the issuance of licenses to carry handguns. Provides that with certain exceptions a home rule unit shall not regulate the possession or transportation of handguns. Provides that a home rule unit shall not regulate the number of handguns or require registration of handguns possessed by a person licensed under the Act. Provides that the provisions of the Act are severable. Amends the Freedom of Information Act. Prohibits from inspection and copying information about applications for licenses to carry a handgun and about license holders contained in the database created by the Family and Personal Protection Act, except as authorized by that Act. Amends the State Finance Act. Includes the Citizen Safety and Self-Defense Trust Fund as a special fund in the State treasury. Amends the Criminal Code of 1961. Provides that the statute concerning unauthorized possession or storage of weapons does not apply to a person acting lawfully under the Family and Personal Protection Act. Provides that certain unlawful use of weapons provisions relating to unlawful use of a weapon do not apply to or affect a licensee who has been issued a license to carry a handgun under the Family and Personal Protection Act, notwithstanding the provisions of that Act prohibiting the carrying of a handgun in certain places.
High-court inaction keeps door open for concealed carry in Illinois
April 17, 2013 No comments
By Benjamin Yount, Illinois Watchdog
A federal court has given the state until June 9 to create a new law that allows some people to carry a gun outside their homes; Illinois is the last state with a blanket ban.
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SPRINGFIELD – Less than 60 days before Illinois must allow some people in the state to carry a gun, Illinois’ Attorney General wants lawmakers to expand their discussions on concealed carry.
Attorney General Lisa Madigan said earlier this week that inaction by the United State Supreme Court on a New York gun case opens the door to “may issue” permits in Illinois.
“The legislature now can look up and say ‘A may issue permit is now constitutional’,” Madigan said of the high court’s decision not to review New York’s concealed carry law. “It should have an impact on discussions and the debate going on under the dome.”
“I don’t think it changes anything,” said Todd Vandermyde a lobbyist for the National Rifle Association and point man for concealed carry legislation. “’May issue’ is not even part of the debate. It is either a right (to carry a gun) or it isn’t.”
Vandermyde said lawmakers are still split on how to legally allow concealed carry in Illinois. A federal court has given the state until June 9 to create a new law that allows some people to carry a gun outside their homes. Illinois is the last state with a blanket ban.
“We have more votes for a ‘shall issue’ law than they have for a ‘may issue’ (law),” Vandermyde repeated after hearing of Madigan’s comments.
Concealed carry supporters, who want a “shall issue” law had 67 votes for their proposed legislation in March. It will take 70 votes to pass a concealed carry law that can overrule local gun restrictions, and that could survive a veto from Gov. Pat Quinn.
The governor on Monday said his position on guns is “well known,” and has not changed.
“The New York, I think, is a model for other states like ours,” Quinn said. “I think we need to have very tight restrictions on any type of concealed carry.”
Vandermyde counters that the nation’s highest court did not accept the case, but did not give a reason as to why.
“The Supreme Court could have had a number of reasons,” Vandermyde guessed as to why the justices did not want to review New York’s law.
Madigan, who’s office asked for a 7th Circuit Court review of Illinois’ weapon’s law, did not say if she would appeal to the Supreme Court.
Vandermyde wondered why.
“If she is so dead fast sure, why doesn’t she appeal this case straight up?” Vandermyde said. “We are not afraid of the Supreme Court.”
A new concealed carry measure was expected to come up for a vote in the Illinois Senate today, but the sponsor didn't call it--and isn't sure when the measure may be called. The bill's sponsor, Kwame Raoul, blamed the lack of action on what he calls "extremists." He said they have methods of intimidation, and that oftentimes those methods are quite effective. Raoul introduced the bill Thursday in committee. One major issue that came up then was language that required applicants to be of good moral character and present a need to carry a firearm. Raoul told us he wrote an amendment removing that language, and planned on adopting it on the Senate floor today. He described the bill as a compromise with two goals. The first is to begin to respect residents' Second Amendment rights as interpreted by the courts. The second? "Preserving, as my top priority, public safety," Raoul said. "I expected to present a bill today, but for a day, at least, the extremists have prevailed." When asked who the extremists are, he said he wouldn't name names, but that they were the kind of people who rate legislators with grades of A through F. That's something the NRA is known for. Raoul told us he didn't call the bill because he didn't have enough votes. But he's not done fighting. While his bill is stalled, there is some action in the House. Brandon Phelps is planning to introduce new legislation next week.
“You put more guns on the street expect more shootings,” McCarthy said. “I don’t care if they’re licensed legal firearms, people who are not highly trained… putting guns in their hands is a recipe for disaster. So I’ll train our officers that there is a concealed carry law, but when somebody turns with a firearm in their hand the officer does not have an obligation to wait to get shot to return fire and we’re going to have tragedies as a result of that. I’m telling you right up front.”
Raoul said he was not prepared to support the House bill as is. He said guns should not be allowed in places where any alcoholic beverages are served and that the bill is too restrictive on major cities that may want to crack down on a variety of other firearms issues. Raoul, however, did like the House provision adding a ban on carrying guns at street festivals.
"There are a lot of good points in it, but I think there are some shortcomings as well," said Raoul, who added that he is concerned that the House bill would have the far-reaching impact of invalidating tough local ordinances unrelated to carrying concealed weapons, including an assault weapons ban in Chicago and Cook County.
To qualify for a concealed carry permit, a person must be 21 and cannot have been convicted for a crime in which they served at least one year in prison. A person cannot be addicted to drugs or alcohol, or adjudicated as a mentally disabled person. Permits could not go to a person who has been convicted of a serious crime or been in a mental health facility within the last five years. A mental health professional would have to certify that a person is not a clear and present danger to himself or others.
The legislation would require 16 hours of training, including shooting exercises. The cost of a concealed weapons permit would be $150 for five years, with $120 going to the state police, $20 for a mental health reporting fund and $10 to the state crime lab fund to help undo backlogs.
To qualify for a concealed carry permit, a person must be 21 and cannot have been convicted for a crime in which they served at least one year in prison. A person cannot be addicted to drugs or alcohol, or adjudicated as a mentally disabled person. Permits could not go to a person who has been convicted of a serious crime or been in a mental health facility within the last five years. A mental health professional would have to certify that a person is not a clear and present danger to himself or others.
Originally posted by KawRider9......
Hopefully they get something passed before June 9th or it goes to Constitutional carry.
Originally posted by sulaw
...
To qualify for a concealed carry permit, a person must be 21 and cannot have been convicted for a crime in which they served at least one year in prison. A person cannot be addicted to drugs or alcohol, or adjudicated as a mentally disabled person. Permits could not go to a person who has been convicted of a serious crime or been in a mental health facility within the last five years. A mental health professional would have to certify that a person is not a clear and present danger to himself or others.
The legislation would require 16 hours of training, including shooting exercises. The cost of a concealed weapons permit would be $150 for five years, with $120 going to the state police, $20 for a mental health reporting fund and $10 to the state crime lab fund to help undo backlogs.
_--_--_--
The costs are not what many have said they would be and are at a fair price IMO for law abiding citizens to CCW.
Actually, I can't find a reason that this isn't an acceptable bill to be passed. I like what I'm reading!
Anyone from Illinois have any thoughts on this revised bill?