Military - residency status for CCW license? - Page 3
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Thread: Military - residency status for CCW license?

  1. #21
    For anyone that is interested in following the current status: we are no further along than before. The legislature failed to address this issue during the Spring session, so military members stationed in IL who hold a driver's license from another state (that describes the vast majority of the ~20,000 stationed here) cannot conceal carry in Illinois. Only exceptions are members who happen to be a resident of and hold a concealed carry permit from HI, SC, VA, or NM.

    Frustrating...

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  3. #22
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    Quote Originally Posted by kwc View Post
    For anyone that is interested in following the current status: we are no further along than before. The legislature failed to address this issue during the Spring session, so military members stationed in IL who hold a driver's license from another state (that describes the vast majority of the ~20,000 stationed here) cannot conceal carry in Illinois.
    You sound surprised. They already met the minimum necessary to compel compliance with the court order. You actually expect them to expend any extra effort to make sure it is efficient and user friendly?
    Chief

  4. #23
    Quote Originally Posted by whodat2710 View Post
    You sound surprised. They already met the minimum necessary to compel compliance with the court order. You actually expect them to expend any extra effort to make sure it is efficient and user friendly?
    The surprise faded long ago, so no... annoyance and frustration over denial of my 2A rights is a better description.

    I'm trying to maintain a degree of optimism and hope my rep can make some headway in the fall session.

  5. #24
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    Quote Originally Posted by kwc View Post
    The surprise faded long ago, so no... annoyance and frustration over denial of my 2A rights is a better description.

    I'm trying to maintain a degree of optimism and hope my rep can make some headway in the fall session.
    Then learn the proper argument. They are not 2A rights. They are inalienable human rights. The Constitution is just there to protect them, not grant them.
    Chief

  6. #25

    Military - residency status for CCW license?

    Quote Originally Posted by whodat2710 View Post
    Then learn the proper argument. They are not 2A rights. They are inalienable human rights. The Constitution is just there to protect them, not grant them.
    I've spent 25 years, so far, fulfilling my oath as a military member to protect and defend the Constitution of the United States, only to be denied its protections while my civilian counterparts exercise those rights (albeit with some significant restrictions).

    As you stated, this state did nothing until ordered to do so by the courts. I'm not sure how a "proper argument" pointing out the difference between 2A rights and unalienable human rights would make any difference with the state legislature at this juncture. But if you can propose a course of action to make this happen I'm all ears.
    Last edited by kwc; 06-17-2014 at 09:27 AM. Reason: corrected spelling

  7. Quote Originally Posted by kwc View Post
    I've spent 25 years, so far, fulfilling my oath as a military member to protect and defend the Constitution of the United States, only to be denied its protections while my civilian counterparts exercise those rights (albeit with some significant restrictions).

    As you stated, this state did nothing until ordered to do so by the courts. I'm not sure how a "proper argument" pointing out the difference between 2A rights and unalienable human rights would make any difference with the state legislature at this juncture. But if you can propose a course of action to make this happen I'm all ears.
    Unfortunately, you probably don't have much of any legal basis to force Illinois to change their law due to this simple fact:

    The Soldiers and Sailors Civil Relief Act (SSCRA)

    Motor vehicle operator permits. The SSCRA does not preclude states from requiring persons who live within their borders to acquire a driver's license. Many states, however, allow service members to retain their license if issued from their domicile.
    Since the state of Illinois could require you to obtain an Illinois driver's license just to drive on their highways, it would stand to reason it would also be legal for them to require you to have the Illinois Driver's license or ID card to obtain a CWP. Not right, in my opinion, by probably legal.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  8. #27
    I fear you could be correct regarding a legal challenge that could succeed in court. Efforts so far (unsuccessful to date) have focused on introducing legislation and changing the administrative rules used by the Illinois State Police to issue concealed carry licenses.

    That being said, most military attorneys advise maintaining consistency with respect to driver's license, vehicle registration, voting, and payment of taxes to avoid the risk of a state claiming you as their resident. Obtaining an IL driver's license would force me to also register my vehicles in IL since a DL from my home state is needed to register there.

    It shouldn't have to be this hard.

  9. #28
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    Quote Originally Posted by whodat2710 View Post
    Then learn the proper argument. They are not 2A rights. They are inalienable human rights. The Constitution is just there to protect them, not grant them.
    This statement was made in reply to the second part of your post
    Quote Originally Posted by kwc View Post
    The surprise faded long ago, so no... annoyance and frustration over denial of my 2A rights is a better description.

    I'm trying to maintain a degree of optimism and hope my rep can make some headway in the fall session.
    I would hope that you have been in contact with that representative, and was reminding you that in doing so you should voice your concern over an infringement of your human rights, not your constitutional ones. I too had over 25 years of service and am pushing my representatives similarly towards open carry and a lessening of the restrictions in SC.
    Chief

  10. #29
    Quote Originally Posted by whodat2710 View Post
    ...I would hope that you have been in contact with that representative...
    My rep (actually from a neighboring district) is very "pro," was a co-sponsor of the original legislation, introduced a change bill per my prompting, and received dozens of co-sponsors for it. Unfortunately nothing has made it out of committee yet.

  11. Quote Originally Posted by kwc View Post
    My rep (actually from a neighboring district) is very "pro," was a co-sponsor of the original legislation, introduced a change bill per my prompting, and received dozens of co-sponsors for it. Unfortunately nothing has made it out of committee yet.
    It takes a concerted effort by many individuals with lots of political horsepower to "entice" a Committee Chair to even put an item on the committee calendar for discussion/hearing/vote to move it to the floor where it may be voted on by the main legislature. Bluntly put, Committee Chairs have the power to completely block proposals from consideration.

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