question abt Illinois ban lift - Page 2

question abt Illinois ban lift

This is a discussion on question abt Illinois ban lift within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by 1ofgods What exactly does this mean? Is it legal now for someone out of state to go into Illinois & carry concealed ...

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  1. #16
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    Quote Originally Posted by 1ofgods View Post
    What exactly does this mean? Is it legal now for someone out of state to go into Illinois & carry concealed if licensed?
    No, it is not legal.The state has 180 days to pass a conceal carry law, providing they do not appeal the ruling. From what I've read so far they plan on appealing the ruling to the SCOTUS. Even if they don't appeal, or if the SCOTUS rules against them, I am guessing that IL will be a "May Issue" state, and will not recognize any other states permits.
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  2. #17
    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by dukalmighty View Post
    Even if IL does pass a CC Law I would bet money that they will not honor any other states permits
    Agreed. That's why I hope the pro-2As block attempts by the antis to pass a weak CC bill. After the 180 days, the situation defaults to constitutional carry in IL for all of us.

  3. #18
    VIP Member Array oakchas's Avatar
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    If and only IF, I am not mistaken.... anyone with any state permit... CAN carry in Illinois now... in the same manner that Illinois citizens with an FOID card can carry.

    Empty gun, in a completely covering case (like a fanny pack) with a loaded magazine in a separate case within the larger one. You MUST have your permit with you.

    I could be mistaken. this could only apply to transporting through the state...
    Rats!
    It could be worse!
    I suppose

  4. #19
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    News flash Chicago announced today then will mount a court challenge to the 7th appeals court ruling. The game is no where near over

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    I was going to post a direct response, but looks like others have already answered quite clearly. I will just warn you. The court lifted the ban, no law has been created yet. This means that the current law is still in effect until the new law is in place. It would be unwise to carry in Illinois until clearly allowed by Illinois state law.
    "Be polite, be professional, but have a plan to kill everyone you meet."
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  6. #21
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    Re: question abt Illinois ban lift

    So are they still going to need a super majority to pass the ccw law? We had a majority vote for it last year but not the super needed to pass it since our Gov. is a crook as well. I haven't heard back from young Jerry ( yes he is a Dem but he is local and for ccw) to get his thoughts on this whole deal. I agree with most that they are going to try and put this so far out if all our reach.....it's a wait and see game now.
    Sent from my DROIDX using Tapatalk 2

  7. #22
    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by Pangari1 View Post
    So are they still going to need a super majority to pass the ccw law?
    No. The pros will want a strong shall-issue law, the antis will want a weak may-issue law. Each side can block the other, but an impasse works for the pros when the 180-day stay expires. The antis can choose between supporting a shall-issue bill or living with constitutional carry.

    [Moderators: this thread is not focused on Open Carry. Please consider moving it to "The Second Amendment & Gun Legislation Discussion".]

  8. #23
    Member Array 43hertz's Avatar
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    That's the tactic I'm hoping for.

    Actually, off the cuff, I hope they block any bill at all, thus reverting to constitutional carry.

    Anyone think of any downside to this that I haven't thought of?

  9. #24
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    Quote Originally Posted by Gaius View Post
    Don't start the party yet. There are at least two avenues of appeal. First, the State an appeal for an en banc hearing of the case by the entire 7th Circuit. And/or appeal to the US Supreme Court, which has NOT ruled at all on this matter. Or, Madigan can wait to see what the legislature does. The other side has made it clear that if they must pass a CC law, it will be as restrictive as they can possibly get it. How this will all play out is still an unknown, but again, we have a long way to go yet.

    ^^^+1 on this. A log way to go and when and if it is finally here I highly suspect it will be quite restrictive.

  10. #25
    Senior Member Array dldeuce's Avatar
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    It's not over, but this case is way more important than concealed carry in Illinois. After the Heller ruling, I argued with an influential "pro gun rights" lawyer who argued that the Heller ruling said nothing that had any implication on gun possession outside of the home. He was dead wrong. The Heller court "held" that we have an individual right to self defense. The court "held" that the right to self defense includes the use of common guns including hand guns. I don't recall the details, but it's clear from Heller that a rational basis for restricting our rights isn't going to cut it. This Illinois ruling is one of the first of many to come where appellate courts will be handcuffed to the precedence of those holdings in the Heller case. The appellate courts are bound to apply common sense to the Heller ruling that the 2nd amendment isn't limited to the home, and that's what this court did.

    This case wasn't limited to concealed carry. There's no indication in this ruling that a heavily restricted concealed carry law in Illinois, by itself, will stand a constitutional test. The ruling ridiculed the anti-gun lobby's argument that gun laws prevent crime. As I recall, the court didn't agree that the government had even met a rational basis to ban all gun possession, and they noted that because of Heller, even a rational basis won't be enough.

    We don't need to wait 180 days. Texas already has the restrictive limited conceal carry law on the books, with no unrestricted open carry. The states got away with writing these laws after the Civil War because of the Slaughterhouse cases. After McDonald, and Heller, that rug has been pulled out from under all of these laws and the despicable racist history that have gone with it. These laws are going to fall, one by one. It's just a matter of time, and there's no way we should settle for restrictive limited concealed carry laws that only appease a small small percentage of the citizens in our states.
    Anubis likes this.

  11. #26
    New Member Array Pipedoc's Avatar
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    Quote Originally Posted by oakchas View Post
    If and only IF, I am not mistaken.... anyone with any state permit... CAN carry in Illinois now... in the same manner that Illinois citizens with an FOID card can carry.

    Empty gun, in a completely covering case (like a fanny pack) with a loaded magazine in a separate case within the larger one. You MUST have your permit with you.

    I could be mistaken. this could only apply to transporting through the state...
    The loaded magazine is not required to be in a separate case. The Illinois State Police now have a brochure explaining legal transport of your firearm on their website. Www.ISP.gov

  12. #27
    VIP Member Array JoJoGunn's Avatar
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    Original post question. NO. Do not open or conceal carry in Illinois unless you like jail cells. They do not recgonize the rights of other states and their laws.

    We just got back from trip to Springfield (the honestly REAL capital of Illinois). My wife is from there originally but now residing with me in WV.

    We talked about this to her son, and friends who live there. They don't seem very hopeful. They know that IL has been given 180 days by the US Supreme Court to draft a law concerning Carry Permits. They feel very certain that the heavy-hand of Chicago will make it the most restrictive permit in the universe. They will most likely be a "May Issue" state and you'd better have 50 million good reasons why you need one, or just be Chicago elite.

    I hope they craft a law that will allow the common folk to carry conceled, but I firmly doubt it will happen in my lifetime.
    "A Smith & Wesson always beats 4 aces!"

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  13. #28
    Distinguished Member Array RightsEroding's Avatar
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    Quote Originally Posted by 1ofgods View Post
    What exactly does this mean? Is it legal now for someone out of state to go into Illinois & carry concealed if licensed?
    It means try to find another job in another state!
    "When those who are governed do too little, those who govern can, and will, do too much." Ronald Reagan

    Do what you can; then do what you must

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