Interesting memo from Chicago Police on receat enactment of CCW law.

[2 clicks low]

http://directives.chicagopolice.org/directives/data/a7a57bf0-13fc5603-92613-fc59-b4c8c0aba767ee8c.html?hl=true

Could any legal type tell me what this means:

I. D. "possession of a firearm in public in and of itself is not a violation of the law"
Did the new law forget to ban open carry?

2 clicks low

[azmule]

III. Prohibitions
A. Pursuant to the Act, a CCL licensee shall not knowingly carry a concealed handgun into following prohibited areas:

That's a pretty long and complete list!  In other words, you can CC on your property, most public streets (except those in "event" areas per this section), and maybe some businesses that don't prohibit.  If you have business pretty much anywhere else you'll be leaving it in your car.  Oh-well, gotta start somewhere I guess.

[Prairie Eagle]

We'll take it. It's a decent staring point and far better than many states in our county (Arizona notably excepted).

You somewhat overstate the impact of the restricted places, all of which must have signage or the permittee is not knowingly carrying unless it was somewhere very obvious (i.e a courthouse).

The good part is "one state, one law", including shall issues and complete preemption for all handgun issues, which will work very well for 2CL, and stops for ever the games that Chicago likes to play. It is good progress from a few years ago where every handgun and long gun was illegal to just have there.

[Sly223]

I must have missed something it appears as though possesion is not illeagal,but you can not leagally possess in 99.9% of the public places.
Sounds very ambiguose, someone with a lot of time and money needs to try and excersize our rights to see how they will be violated!

[malabar]

It's not that different from most statutes.  Most don't prohibit CCW in libraries and public parks, and so many public gatherings.

But it's a HUGE step in the right direction.

tk

I must have missed something it appears as though possesion is not illeagal,but you can not leagally possess in 99.9% of the public places.
Sounds very ambiguose, someone with a lot of time and money needs to try and excersize our rights to see how they will be violated!

[Prairie Eagle]

I must have missed something ...but you can not leagally possess in 99.9% of the public places.

Yes you missed great deal. That is a gross exaggeration.

[Boston]

Heard the NRA is filing a lawsuit due to current timeframe for implementing CCW in IL (Appears earliest issue would be January-ish 2014. Based on the FOID card backlog, may be even longer.


New Motions in Shepard v Madigan:
AG files motion to dismiss, ISRA asks for injunctive relief to allow for carry now.
These motions have been filed by the Illinois AG and the ISRA in the last two days. They do not mean you can carry yet... but they will be argued soon in the 7th U.S. District Court.

The ISRA has asked for injunctive relief, as a result of continued violation of its members constitutional rights, that the court allow carry by FOID card holders immediately as a denial of 2nd Amendment rights has been found in another ISRA case, Ezell v Chicago to be irreparable. The motions filed today do not ask for unfettered carry, but only carry in those places the new Illinois Carry Law allows.

The State would be free to ask for relief from the injunction if and when they have an operable permit process up and running.

Look at the four new filings right here at ISRA.

Posted Thu Jul 11 05:41:06 CDT 2013

[DrRichP]

Part of the reason for this memo, and the portion that reads "possession of a firearm in public in and of itself is not a violation of the law" is because there is currently limited concealed carry in Illinois if you have a valid Firearm Owners ID (FOID) Card:

Section 24-2(i) provides:

"nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearms Owners Identification Card." 720 ILCS 5/24-2(i)(West 1994).
And this excerpt from Public Act 91-0690 (Safe Neighborhoods Act 2000)

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
****
(4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:
****
(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's identification Card;

What are the particulars?
1. Obtain a valid Firearm Owners Identification Card (FOID) and carry it.

2. Obtain a fanny pack designed for concealed carry of a weapon. If you opt to carry a purse, obtain a purse large enough to hold your carrying case within it.

3. Put your UNLOADED gun in the fanny pack or purse along with loaded magazines

4. A letter explaining the law should be carried in the fanny pack/purse. This letter puts law enforcement on notice that you do not consent to search, tells them what your FOID number is, cites the law and has a space for your attorney's name and phone number.

Find out more about this at ConcealedCarry.org

Until they allow permit us our right to carry concealed, this is the next best option.