Illinois Ban on Carry Ruled Unconstitutional (See Page 7)

As much as I'd like Posner to smite the recalcitrant Illinois Attorney General, and allow plaintiffs to carry immediately, I don't think it's going to happen.

The court has called for a conference under Rule 33, scheduled for Friday, August 16th.

I think the court is asking both parties to hash it out... it will be interesting!
 

Attachments

It would be interesting, but we'll never hear what goes on:

CA7 said:
To encourage full and frank discussion, all communications during this conference, and all further communications, oral and written, during the course of Rule 33 proceedings, are strictly confidential. The content of Rule 33 communications is not to be disclosed to anyone other than the litigants and their counsel. Nothing said by the participants, including the conference attorney, will be placed in the record or disclosed by this office to the Court.
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I really don't know why CA7 thinks they'll just work it out. IL doesn't want anyone carrying until the first permits are issued next year, while the NRA wants FOID carry. Not sure what other options there are, short of the legislature whipping up a temporary measure allowing carry on out of state permits, but that's unlikely.
 
I think the NRA is trying to keep the pressure on so Illinois doesn't slow-walk the process into eternity. I think there is a real possibility that the ISP would do that. With the threat that some form of carry might come any day - without 16 hours of training :eek: probably bothers the antis. That would motivate the ISP's anti-gun boss Governor Quinn to get the training requirements and permitting process in place.

But I think that calling a settlement meeting is not helping. It gives Illinois more time to stall and stall.

IMO as soon as the antis believe that FOID carry is not a possibility, the process will start moving molasses slow.

The plaintiff Mary Shepard was attacked in a church. A state senator Dan Kotowski is introducing a bill to ban carry in churches. Wouldn't that effort be enough to show the judges that this case is not moot?
 
IL is basically trying to throw everything out there. Plaintiffs need to file a new lawsuit, and even if we lose let's do a discovery phase, yada, yada, yada, yet never really acknowlege the ban is still in effect until the permits end up in people's hands.
 
If nothing else, this rope-a-dope strategy is having the very obvious effect of running out the clock. At no cost to itself, Illinois has already essentially obtained at a 60 day block of time in which no carry permits will be available to Illinois citizens.
 
of course - they intend to never issue any "permits" except to the Governor' and mayor's "bodyguards", similar to the city of Oakland last time I was in it, IIRC. IL state and Chicago city government panic at the state of an armed population...and maybe they should wonder WHY that makes them so nervous...
 
The anti's in Illinois just want to delay as long as possible, they also hope to add as many restrictions to the law as possible. This fall session they will introduce numerous restrictions to the bill before any permits have been issued, such a mag limits, church carry ban, ban in all restaurants that serve alcohol, etc...

With a carry law in place they will only need majority votes in house and senate to pass them as the governor will sign any restrictions that pass.

While the converse is not true as the governor will veto any pro-carry legislation that passes by majority votes.

There are majorities in house in senate who are pro-carry but it will still be a battle to stop many of the new proposed restrictions.

However, it is and will remain a shall issue law and in the Spring of 2014 permits will start being issued.

I would like to see the state lose this case and be required to allow CCW based on FOID carry until they start issuing permits, but I doubt that will happen. I think the state will successfully with the aid of the court drag this out until it is moot or the court will rule for the state.
 
I really don't see more restrictions passing in either house in Illinois. There was strong support for a far less restrictive carry law, it was just a few votes short of the super majority needed for home rule preemption. Because of the required super majority a minority of lawmakers were able to get the restrictions in the bill.

Now that that's out of the way the only changes I see happening to the law is it becomes less restrictive - such as getting rid of the ban on carrying in parks. But that only happens with a pro-gun Governor, since an anti will surely veto such changes.

What people not from Illinois often fail to understand is that it is only Chicago and Cook County that has strong anti-gun sentiment, downstate they're as pro gun as just about any state you pick. Republican or Democrat, it really makes no difference downstate - they are by and large strongly pro gun.

I don't see any changes in the near term, and long term I think it gets less restrictive as people get used to concealed carry and realize the Chicken Little "sky is falling", blood in the streets wild west scenario just isn't happening.

I think the table is also set for a GOP governor next election if they play their cards right - meaning get a pro gun GOP candidate who is a moderate on the social issues that will doom a GOP candidate here. The incumbent anti-gun Gov. Quinn is extremely unpopular, and his likely challenger is Bill Daley. I can't imagine that anyone with the name "Daley" gets enough support downstate to win the general election. Even here in Chicago people are leery, having experienced the complete mess his brother made of the city's finances.

So sit tight folks, the future is actually looking pretty good from where I sit. Just be patient!
 
Second City Cop is reporting that the CCW law supersedes all local handgun restriction and as such CPD is no longer accepting CFP applications or registration and that the magazine limits are also no longer being enforced. Had anyone seen this elsewhere? I guess I should probably just call the CPD gun desk and ask, just wondering if anyone had a different source on the current status.
 
stormy36 said:
Second City Cop is reporting that the CCW law supersedes all local handgun restriction and as such CPD is no longer accepting CFP applications or registration and that the magazine limits are also no longer being enforced. Had anyone seen this elsewhere? I guess I should probably just call the CPD gun desk and ask, just wondering if anyone had a different source on the current status.
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It's my understanding that the concealed carry law preempts home rule statutes with regard to registration, permitting/licensing etc. They can keep home rule "assault weapons" bans. But even those bans are inapplicable for concealed weapons, so they apply to long guns only. Not that I've ever heard of Chicago charging anyone with violating the "assault weapon" ban ever, it's purely symbolic.

I know all the places that used to have CFP classes no longer offer them, and cancelled the ones scheduled. I also can no longer find anything on the Chicago Police site about it.

Article on Chicago gun registration law published in the Chicago Tribune before the new law was passed: http://articles.chicagotribune.com/...gun-registry-gun-rights-advocates-gun-control
 
Thanks for the reply-- sounds good to me.

Now to decide if it's worth switching back to an Illinois ID, getting a FOID, and getting another safe for my place here just for my last 16 months as a Chicago resident.
 
CFP and registration have been gone for some time. I spoke to the gun desk at Chicago Police Headquarters shortly after the new law was passed and they confirmed that both were no longer required.
 
Wait...hold on...55? Doing weekend classes for...say, 30 people, that's 120 a month times 55 is 6,600 people a month. 79,200 a year.

Ho-ly-crap that's a backlog. It will take...good GAWD, decades at that rate to clear.

Well that has to be discussed in court ASAP.
 
Depends whether that's it or there will be more, and hopefully those instructors will do several classes a week, and not just 1 class a month.
 
Well they have basically pre-approved at least 55 CCPs. Illinois has approved 55 instructors, and those instructors by virtue of their certified training don't have to take training to get a permit - they're going to get one as part of their instructor application.


http://www.isp.state.il.us/firearms/...&Search=Search
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I question the accuracy of that list. For the instructor closest to me, it’s listed as the wrong county, and when I call the phone number I get a recording saying it’s been “disconnected or no longer in service.” So that quick the list is now 54.
 
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