Illinois Ban on Carry Ruled Unconstitutional (See Page 7)

Mary Shepard's attorneys filed notice of appeal last night, hopefully they have their appeal ready to file with CA7.

Hiram Grau head of Illinois State Police made a statement that the ISP was basically ready to issue permits, but I wonder if that was to bolster the argument that Shepard was indeed moot?

People have varying estimates on when permits will actually be issued - some estimating 300 or so days away.

The deadlines outlined in the Illinois Firearms Concealed Carry Act are not legally binding on the ISP and I'm guessing that the only thing that is really motivating them to get the system in place is the fear of the Posner panel enforcing the mandate which I think means anyone with an Illinois FOID card could carry concealed, but it doesn't have to mean that. Technically it would just mean the end to the Illinois AUUW/UUW prohibition on carrying a firearm. But I believe the ISP specifically asked Judge Stiehl for concealed carry for FOID card holders. I guess that is what they would ask the Posner Panel for also?
 
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14 counties in Illinois are now refusing to prosecute for CCW if ISP arrests you.

Fortunately I live in one of them. We've been carrying here without fear of prosecution since 12JUN.
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Not so fast. Most states allow the state's AG to appoint a special prosecutor at his/her discretion (note the Zimmerman case in FL as an example). Just because your county's elected DA chooses to no bill a case doesn't mean Madigan can't decide to override that decision and appoint a prosecutor of her own.
 
And that would amount to political suicide for that prosecutor.

Have at it but don't expect to have a job after your current term.

Besides, a request for those services has to be made, a motion filed, and accepted by a judge and signed.

Madigan can't just say get your but over to one of those counties and prosecute the offender. This state has six special prosecutors. Just because they are appointed doesn't mean they will prosecute a particular case.

Especially without jumping through all the hoops to do so.
 
I would have to ready a big ole bowl of popcorn in preparation for watching a prosecution of a law that has been stricken by the CCA. On what basis could it proceed at all?
 
That because now it is law, you must have a permit issued by the State.

It is now a misdemeanor first offence if caught carrying concealed with a FOID card if you are otherwise eligible to hold a permit.

Now, since they have no permits available yet, let alone any applications for permits, I don't know what they would do. Local LEO's will not arrest in this county.

Just another reason to deny carry as I see it.

Our DA hasn't budged on his position even though it is now law. I carry a faxed copy of his decision about CCW in this county bearing his signature for any LEO that has not heard about this. I would find it difficult to believe that any LEO in this county hasn't been informed of the DA's decision.

I have interacted with several local LEO's I know personally and I have not been questioned about my right to carry while carrying in their presents.

As an aside, they knew this was going to eventually become law one way or another in this state and they should have already had applications printed, available on-line, and distributed to various outlets or PD's where one could be filled out and held until the law passed. Training could have been accomplished ahead of time already knowing what was required in the proposed statute.

No, they sat on their collective asses and did nothing except add another 6-9 months to the process of allowing you to carry a weapon in this God-forsaken state.

Well, 14 counties said screw you we're allowing carry as outlined in the Constitution. Not only the US Constitution, but also the Illinois State Constitution.
 
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Plaintiffs appealed to CA7. They were assigned a new case number - 13-2661.

The appeal and a shot at Judge Stiehl:

passage of the FCCA has not alleviated the irreparable harm inflicted by Illinois’s ban on carrying guns in public. Instead, the FCCA authorizes Illinois to continue inflicting that irreparable harm for up to 270 additional days by giving the Illinois State Police 180 days to make applications for carry licenses available to the public and another 90 days to process those applications once they are submitted. In the meantime, the laws against carrying firearms in public remain on the books and continue to be enforced, and Ms. Shepard and the members of the Illinois State Rifle Association continue to have no means by which they may lawfully exercise their fundamental right to carry firearms in public for their own protection.

Thus, on July 10, Plaintiffs filed a motion in the district court requesting that the court adhere to this Court’s mandate by entering a declaration of unconstitutionality and an injunction against enforcement of the carry ban. But instead of following this Court’s instructions, the court below granted the Defendants’ request to dismiss the case as moot. Plaintiffs have now appealed to this Court and seek entry of an injunction pending appeal.
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Emphasis mine :)
 
What counties are vowing to not enforce the law on carrying concealed? I hope it includes Winnebago but I doubt it.
 
vito said:
What counties are vowing to not enforce the law on carrying concealed? I hope it includes Winnebago but I doubt it.
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Most of the counties are in either central or southern Illinois. Me personally, I would still avoid tempting fate, as the ISP will still arrest you without a CCW permit.
 
Stark, Peoria, Macon, Randolph, Madison, Marshall, Woodford, Tazewell, Piatt, Shelby, Clinton, White, Edwards, and Logan.

Stay off the Interstate, or obey the traffic laws and don't be waving a gun when the ISP passes you on a country or state road and you should be fine.

If you live in one of these counties, check the DA's Office website or the county government website and try and find a letter issued by the DA's office, copy it, and carry it with you.

Even if you are arrested the DA will no bill it and you will be released without hassle as long as you were otherwise legal to be carrying. FOID, not brandishing, etc.
 
Herr Walther said:
Even if you are arrested the DA will no bill it and you will be released without hassle as long as you were otherwise legal to be carrying. FOID, not brandishing, etc.
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That's all well and good if you're just found carrying before the actual licenses are available, but what happens if you carry and actually have to use the weapon to defend yourself? In that event, CAN a prosecutor no bill? And what about civil lawsuit by the goblin you shoot (or his estate)? What's your defense going to be?

"The county web site told me it's okay to ignore the law"?

I don't think that'll go far in court.
 
That's all well and good if you're just found carrying before the actual licenses are available, but what happens if you carry and actually have to use the weapon to defend yourself? In that event, CAN a prosecutor no bill? And what about civil lawsuit by the goblin you shoot (or his estate)? What's your defense going to be?

"The county web site told me it's okay to ignore the law"?

I don't think that'll go far in court.
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I think you make a good point, but the alternative is not one that most of us would like to consider.
 
The motion for emergency injunction is a good move. It's hard to see how it would be denied since the district court considers the whole issue moot.
 
Rather be tried by 12, etc. etc. . .
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Read up on CRIPA and PREA; you may need to know them intimately if that's your legal plan. ;)
Good luck with the second attempt - I think it will make it and be an even better decision!
 
"That's all well and good if you're just found carrying before the actual licenses are available, but what happens if you carry and actually have to use the weapon to defend yourself? In that event, CAN a prosecutor no bill? And what about civil lawsuit by the goblin you shoot (or his estate)? What's your defense going to be?

"The county web site told me it's okay to ignore the law"?

I don't think that'll go far in court."


I guess that depends on whether or not it was a justifiable shoot. You're not going to be charged with carrying in any case. If you screwed up the shoot you might be charged with 2nd degree.

I don't know about the civil suit. Why would it be any different from any other good shoot? Or bad shoot?

The signed letter I have from the DA doesn't say anything about the aftermath of a good or bad shoot.

Why not call him and ask him? Randolph County, IL. Prosecutors Office. Jeremy Walker, 618.826.5000, ext. 193.

Or you can e-mail him at statesattorneyrandolph AT gmail DOT com.

Let us know what he says regarding your doubts and questions.
 
That's all well and good if you're just found carrying before the actual licenses are available, but what happens if you carry and actually have to use the weapon to defend yourself? In that event, CAN a prosecutor no bill? And what about civil lawsuit by the goblin you shoot (or his estate)? What's your defense going to be?
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Illinois justifiable homicide law prevents civil lawsuits in a justified shooting.

If you were using the gun to prevent grave bodily harm, self defense is an affirmative defense.

Even in Chicago people who weren't FOID holders and even had illegal guns who had used a firearm to defend themselves haven't been charged with UUW/AUUW. The cases I know of were home invasions though... so that's a little bit more cut and dried than a confrontation under other circumstances.

Anyway, on the highway they have the case law that says a center console or glove compartment constitutes a case, you would just have to unload the firearm before putting it in there.

The sheriff of at least one of those Illinois counties listed send a memo to the ISP warning the State Troopers to not come into the county to try to make AUUW/UUW arrests.
 
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If you go back to the 2A Cases thread, and go to entry #45, you will see some new docket information. RECAP now allows for the docket and filings for Circuit Courts.

Yesterday, the motions panel denied the Motion for Emergency Injunction but granted the Motion to Expediate the case. Also in the grant, the panel agreed to treat the motion (doc #4.1) as the Opening Brief. The State's response is due on August 9th (next Friday) and the reply is due on the 14th (the following Wednesday).

CA7 Docket for 13-2661, Sheppard
 
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