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Christmas Comes Early for Illinois Concealed Carry Advocates

Christmas Comes Early for Illinois Concealed Carry Advocates

Christmas Comes Early for Illinois Concealed Carry Advocates

Illinois is the only state that does not allow concealed carry. That will all change 180 days from now. On Tuesday, December 12, 2012 a federal court ruled against a ban on carrying firearms for self-defense outside the home or business in a 2-1 decision. (view ruling below) They declared the right to self-defense is “broader than the right to have a gun in one’s home.”

This ruling gives Illinois legislature 180 days to “craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment…on the carrying of guns in public.”

From the ruling:

And one doesn’t have to be a historian to realize that a right to keep and bear arms for personal self-defense in the eighteenth century could not rationally have been limited to the home. Suppose one lived in what was then the wild west—the Ohio Valley for example (for until the Louisiana Purchase the Mississippi River was the western boundary of the United States), where there were hostile Indians. One would need from time to time to leave one’s home to obtain supplies from the nearest trading post, and en route one would be as much (probably more) at risk if unarmed as one would be in one’s home unarmed.

It will be interesting to see what the legislature comes up with within the next 180 days. Will we see Tennessee, Kentucky, or Florida-style concealed carry laws?  Todd Vandermyde,  NRA chief lobbyist in Illinois, says, “”The anti-gunners have been preparing for this contingency, but we will not have the law that they want: New Jersey on steroids. We have the majority in both chambers. We will have a Tennessee, Kentucky, Florida-style law.”

Will we see open carry in Illinois?

The appeals court majority mentioned at one point that a law that permitted open-carry handgun possession might be a sufficient revision of state law, which it described as one of the most restrictive in the country.

Here are a few quotes from national gun rights organizations:

“Today’s ruling is a victory for all law abiding citizens in Illinois and gun owners throughout the country,” said Wayne LaPierre, Executive Vice President of the National Rifle Association. ”The court recognized that the text and history of the Second Amendment guarantee individuals the right to carry firearms outside the home for self-defense and other lawful purposes. In light of this ruling, Mary Shepard and the people of Illinois will finally be able to exercise their Second Amendment rights.”

“We are very happy with Judge Posner’s majority opinion,” said Alan M. Gottlieb, Executive Vice President and Founder of the Second Amendment Foundation. “This is a victory for Illinois citizens who have been long denied a right recognized in the other 49 states; to have the means necessary for self-defense outside the home.

It would be great to finally change Illinois from a black state (Right Denied) to a blue state (Shall Issue) on our Concealed Carry Maps. We will continue to keep an eye on this story and update our maps and Illinois State Laws page as soon as the legislature creates the new laws.

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  • Cobrawing

    About dayum time! Now if we can only get a “consistant” coast to coast agreement so honest citizens can travel and carry with consistent sane rules. But I’ll take this current ruling as a start. We’ve got a long way to go . . . but we’ll get there!

  • http://www.facebook.com/michael.murray.75436 Michael Murray

    Nothing new will happen in IL. “craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment…” Reasonable? Consistent with 2A? Deny, defer, obfuscate, will continue to be the rule.

    • ArmedPatriotsDOTcom

      Even DC is breaking down…so will Illinois. It is inevitable.
      My state used to be horrible. Even telling a cop that your pocket knife was for self defense, regardless of size, would likely get you arrested. Then we passed concealed carry and now we can defend ourselves.

  • Ben

    I’m not sure how you jumped to the new law making Illinois a “Shall Issue” state when the law hasn’t been written or signed yet. Yes, the legislature may have a majority to support a Shall Issue law but the Gov. will still likely need to sign a law. If it was guaranteed to be Shall Issue it would probably already be that way. My guess is it will become a “May Issue” state or they will hit the 180 day limit and have the Federal Court take additional action.

  • http://www.facebook.com/profile.php?id=100000120663851 Jeff Miller

    I for one am forever hopeful that the people of Illinois will get a reasonable law and also reciprocity with others, so I no longer need to disarm at the border! Be sure to keep an eye on the process, so they don’t make it a “right for the rich” with excessive fees.

  • Todd Ellis

    As a lifelong resident of (southern) Illinois, I am, unfortunately, pessimistic. Even with a legislative majority, we still have Quinn (elected by 4 counties of 102), king Rham and a host of libs like Lisa Madigan & Barbara Flynn Currie who will hang this thing up far, far past 180 days with Chicago politics-as-usual. OR we will end up paying $500/year for the privilege to have our “right”. The Brandon Phelps bill that narrowly failed this year had so many restrictions that is was ALMOST worse than no CC at all. I applaud Mr. Phelps for the effort – but – please, please Illinois lawmakers, draft a bill that supports our constitutional rights. If we can carry in our car & on the sidewalk, as in the ’12 bill, but not in businesses, bars, sporting events, the list goes on & on … what’s the point? Get out of the car, walk a few blocks & leave my P3AT on the sidewalk by the door of the IGA?

  • Curt

    Don’t get me wrong, I am incredibly happy about this, but having lived in Illinois most of my life, I feel we will get screwed in some way.

    • Dale

      I have that same sinking feeling about this and the outcome.

    • ArmedPatriotsDOTcom

      It’ll certainly be better than what IL has now. Give it time, now that the damn has burst things will change for the better soon.

    • http://www.facebook.com/dogshawred Cliff Shaw

      Change always takes time, change isn’t always right the first time. Get involved, let your voice be heard by your elected officials, be that voice of change in the forrest.

    • RIX

      No wonder those idiots in 180 days they will come up with concealed carry as unloaded only (no ammunition allowed) or disassembled only (Slide separately in other pocket) :D

  • JMB

    What says Illinois will change? Nothing. And even if they do allow it to pass they will probably tack some crazy b.s. on to it. And where they won’t be likely to honor a permit from any other state the state will complain long and loud if any other state detains someone from Illinois while carrying under a permit not honored in said state.

    • StoutCortez

      You might be right, but keep in mind that most legislators in Illinois do favor CCW. Just not enough to override a veto by the governor.

      • ArmedPatriotsDOTcom

        As do a lot of law enforcement in the state.
        The governor can be voted out of office if he cant get his head out of his @@@.

  • TUGBOAT

    FINALLY !! another breakthrough for the 2nd Amendment

  • spc

    This ruling may be a windfall for those of us in ‘May Issue’ states like California. I am fortunate to live in a rural county that is close to ‘Shall Issue’ in our state and I have my CCW, but the majority of the folks in our state live in counties that do not issue except to well connected folks.

  • http://www.facebook.com/wphillips2 Wes Phillips

    This is long overdue. I’ve felt like a 2nd rate citizen of hellinois for several years as my fellow brothers in other states possess the rights I cannot here. “All men are created equal” *Unless you live in hellinois* Hopefully the pencil pushers won’t drag their feet on the legislation.

  • Dale

    I am hoping that when CCW is passed in Illinois that i will be able to convert my “out of state Florida CCW” to an Illinois CCW.. I took my class in the state of Mo given by a Mo Firearms (Certified NRA instructor) Safety Instructor and have a certificate of firearms training course. ( qualified on range for semi auto pistol and revolver ) I am hoping that when they craft this they do not leave out the people like me who live in Illinois and have had to go to other states to obtain a CCW.

    • StoutCortez

      You’ll probably still have to get an Illinois permit. Most states require that residents have permits in the home state, regardless of what out-of-state permits they have. Wisconsin, for example, recognizes many out-of-state permits, but residents of Wisconsin must have Wisconsin permits even if they have a nonresident permit from a state Wisconsin honors.

      It will be interesting to see whether Illinois honors any out-of-state permits.

  • Matt

    While I consider this a good sign, there’s no doubt in my mind that the hoplophobes in the Illinois legislature will do absolutely everything in their power to drag out the process of creating the necessary legislation. Then make the process of qualifying for a permit as expensive, difficult, intrusive and time consuming as possible.

  • Timothy Murphy

    I hope the fight comes to New York city and its boroughs next. The citizens of that state need help just as much as New Jersey.

  • StoutCortez

    Naturally, I’m pleased with this ruling. However, what’s to keep Illinois from creating a CCW law and then administering it the way New Jersey, Maryland, Hawaii, and New York City do—by making the criteria impossible to meet? A citizen of Illinois cannot obtain a CCW permit because the state does not issue such permits. A citizen of New Jersey also cannot obtain a permit because the state, though it does issue permits (to celebrities, the politically connected, and people willing to pay off), simply will not issue to the average citizen.

    Now if the court demands that Illinois use reasonable criteria such that the average law-abiding can carry, that will really mean something. It will mean that the states whose CCW laws are purely for show (like New Jersey) and mean nothing in practice will have to start issuing permits.

    • ArmedPatriotsDOTcom

      Thats why you keep fighting these idiot politicians to get what you want.
      We did and now where here. Not yet 10 years that we’ve had concealed carry, but we made it. So will Illinois.

      • StoutCortez

        Ten years ago? Sounds as if you’re from Michigan, Patriots. Is that true?

        • ArmedPatriotsDOTcom

          Ohio…

  • http://www.facebook.com/people/Dan-Ess/100000666571492 Dan Ess

    I wouldn’t exactly call it Christmas comes early as some have called it; it’s more like putting the last layer on a cake, but we’re still missing the frosting. The frosting is going to be the most difficult of all. This is where we have national reciprocity in all 50 states. Where a person can drive anywhere in the country and not be in violation of a law that violates the 2nd Amendment. I personally do not want to wait another 20 years, nor 5 years. This should be done in the next 24 months or less. The court says we have a right to carry; they even use the olden days as an example, with people traveling away from home. Well, people travel away from home all the time in the USA. Is the 2nd Amendment the law or not? If it’s the law, then No State or Municipality has any right to override that Constitutional Right for any reason. Most of the current restrictions are reasonable, except the ban at the Post Office; it’s completely ridiculous. I can walk into a police department and talk to the front desk in my state, but I cannot go to the post office . . . . insanity.

  • aot2002

    Wow victory finally.

  • Izzy D.

    I’m very happy for the gun advocates in illinois! I can already imagine all of the county sheriff’s offices being flooded with applications!! haha.. I LOVE IT!!

  • http://www.facebook.com/dogshawred Cliff Shaw

    Congratulations to Illinois residents, your time has finally come. This will also make traveling cross country much easier but the question will still remain about how far they will go with regard to resiprocity agreements.

  • Vans40

    Don’t get all excited. This most likely will lead to it being a “may issue” State with restrictions similar to those in NY, NJ & DC.

    • StoutCortez

      Or Maryland, where you have to prove that somebody is out to kill you.

  • http://www.facebook.com/ShootwithShepard Shepard Humphries

    A point to ponder. A warning for those of you that have not lived in places where genocides were occurring … the enemies of the State will be “unlawful” by simply existing. My word of caution is that we are using the word “lawful” very generously. I suggest we use the word “peacefully” or “absent the initiation of violence” or similar when describing whom the State will allow to be armed.

    I know that in the USA State, our government leaders from both major parties are all wise, benevolent and passionate about citizen’s freedom, but I warn that we ought not to condition our children’s brains to give much weight to the word “lawful.” For example, in the unlikely event that a power-hungry group of people would ever end up in politics… and decide to start disarming their sheep… Last week I perpetrated criminal behavior while armed. This armed unlawful activity was only 4 MPH over the speed limit … but I am now bone fide criminal, even though the government did not catch me. Am I being ridiculous? Should we just use common sense? Does everyone in our society appreciate the difference between malum prohibitum and and malum per se? Marijuana -v- murder? Juden -v- Islamic?

    Rwandan officials, Hitler and the big daddy of genocide; Mao, all considered and propagandized their victims to be “unlawful.” I hope that my children never live under a State that turns against peaceful citizens. If this ever happens however, they would be wise to know that politicians make laws, and only if they think politicians are generally “good” should they give any weight to the word “lawful.”

    • Vietnam66

      .Be very careful who you think the bad guys are. Hitler nor Mao were not “the government”..it was people like you, like you that was paranoid and afaird of change that endied up terrorizing millions of people. Like your mother said “really read your history” Incidently, I was a Chicago Police officer, my classmate was shot to death by another policeofficer. My classmate was in plain clothes and shooting at robbers, a police officer shot him from behind because he was firing a gun at two guys. I would guess that you are not military or police trained to even defend yourself and would not make the :right” decision in a firefight. Most of the “people” that talk like you and want to CCW are dangerous to others. Just sayin”

  • http://twitter.com/ShaoloGear Shaolo Gear

    Now if we could just get Nevada to recognize the Utah CHL again…

  • flex4pj

    About Time

  • Urban Armed

    So pigs really can fly?

  • Duggy

    So Illinois is going to be like here in NJ, where they exist but even an act of god couldn’t get one for Jesus…. haha

  • enoughisenough

    What a confusing situation for the liberal Democratic Political Machine in the land of Lincoln. What to legalize first a right given to us by the Constitution or marijuana. Just think if they get them both legalized at the same time the CPD will have nothing to do but direct traffic GOD knows they’re not fighting crime. They wanted to legalize Cannabis because the CPD & courts were too busy with managing their drug problem. Just a thought isn’t marijuana still an illegal drug by federal law. Does that make the Mayor of Chicago (Obama’s former chief of staff) a drug dealer in the eye’s of the DEA.

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  • Guest

    2nd amendment in Illinois? when pigs fly..in Roe vs. Wade, the liberals found a “constitutional “

  • Roger

    when pigs fly…this will be fought in every jurisdiction in the state, judge shopped, blah blah blah…ad infinitum..this is why I moved to Texas and avoid Illinois at all cost..