IL House Passes House Carry Bill 85-30-1

[GodFearinGunTotin]

Based on what passed, Chicago gets to keep its Assault Weapon Ban, BUT does not get to restrict magazine capacity so if you are carrying under an Illinois Carry Permit then you can carry your Glock 17 with a 33 round magazine if you choose to do so in the city of Chicago.

This is a SHALL ISSUE law, not a MAY ISSUE law so if you qualify then you will get the license.

There is a fairly long list of GUN FREE ZONES which includes sports stadiums, schools, hospitals, PUBLIC TRANSPORTATION, places that serve booze (and make 50.1% of their income from booze), etc.

On the bright side, your car is considered a safe haven and you can legally store your gun in your vehicle in most circumstances and not be subjected to search/seizure.

16 Hour training requirement . . . but I believe its only 8 hours for ex-military.

Its not ideal, but its better than I expected.

So downstate IL resident John Doe is not going to get arrested for CC in Chicago as long as he is not in a GFZ.

NO RECIPROCITY . . . but Hoosiers can buy an OUT OF STATE Illinois Carry Permit, renewable every 5 years.

Yeah, its a start. It'll be interesting to see how this evolves over the next few years.

 

[melensdad]

Loaded and accessible?

Magazine loaded but out of the gun, both can be in your glove box, arm rest, etc. They do not have to be separated in different cases/compartments, they can be readily accessible.

 

[KLB]

Magazine loaded but out of the gun, both can be in your glove box, arm rest, etc. They do not have to be separated in different cases/compartments, they can be readily accessible.

As I read this law, we can now CC while in the car, as well as carry on private property with permission. No need to have the gun unloaded

 

[Titanium_Frost]

As I read this law, we can now CC while in the car, as well as carry on private property with permission. No need to have the gun unloaded

This is how I read it as well. Nice little phrase they added

 

[downzero]

Did you know we can already do that? Its covered under case law.

No it isn't.

Magazine loaded but out of the gun, both can be in your glove box, arm rest, etc. They do not have to be separated in different cases/compartments, they can be readily accessible.

Don't need caselaw for that other than the glovebox/armrest thing...the rest is already in the statute.

Loaded and accessible is a BIG deal, and may soon be the law.

 

[Butch627]

Im a bit confused, on the way home from work they were saying that chicago gets to keep its assault weapons ban but loses any other special laws. Before today I was under the impression that the bill took away all of chicagos own laws.

It still needs to be signed by the Gov

 

[melensdad]

As I read this law, we can now CC while in the car, as well as carry on private property with permission. No need to have the gun unloaded

It says "transporting" and not "carrying" so I would want a judge to back up your interpretation. I don't read it the way you read it. I read transporting as something different than carrying.

Im a bit confused, on the way home from work they were saying that chicago gets to keep its assault weapons ban but loses any other special laws. Before today I was under the impression that the bill took away all of chicagos own laws.

It still needs to be signed by the Gov

Before they were discussing something slightly different. The passed bill was altered slightly.

And yes governor must 1) sign the bill, 2) veto the bill, or 3) let it sit for 60 days at which time it becomes law without his signature.

 

[KLB]

Im a bit confused, on the way home from work they were saying that chicago gets to keep its assault weapons ban but loses any other special laws. Before today I was under the impression that the bill took away all of chicagos own laws.

It still needs to be signed by the Gov

The original house bill had total state preemption. The Senate revision took that out. They get to keep their AW ban. The House then passed the Senate revision.

 

[aikidoka]

If I read it correctly, a lawfully posessing non-resident can have their firearm in the car as long as it stays there. If I got that right I may skip the $300 fee and just be able to have my handgun with me to and from work. Better than the current situation.

 

[KLB]

If I read it correctly, a lawfully posessing non-resident can have their firearm in the car as long as it stays there. If I got that right I may skip the $300 fee and just be able to have my handgun with me to and from work. Better than the current situation.

That appears to be correct, and is also what I will probably do.

 

[melensdad]

If I read it correctly, a lawfully posessing non-resident can have their firearm in the car as long as it stays there. If I got that right I may skip the $300 fee and just be able to have my handgun with me to and from work. Better than the current situation.

That appears to be correct, and is also what I will probably do.

That is only correct if the term "transporting" means the gun can be loaded.

However, from everything else I can tell about Illinois law and traveling within the state, or through the state, with a firearm, the term "transporting" refers to UNLOADED firearms.

I'd be happy if someone can show me to be wrong.

But until a judge says that "transport" means LOADED firearm then I'd caution the practice.

(e) Nothing in this Act shall prohibit a non-resident from
6 transporting a concealed firearm within his or her vehicle in
7 Illinois, if the concealed firearm remains within his or her
8 vehicle and the non-resident:
9 (1) is not prohibited from owning or possessing a
10 firearm under federal law;
11 (2) is eligible to carry a firearm in public under the
12 laws of his or her state or territory of residence; and
13 (3) is not in possession of a license under this Act.
14 If the non-resident leaves his or her vehicle unattended,
15 he or she shall store the firearm within a locked vehicle or
16 locked container within the vehicle in accordance with
17 subsection (b) of Section 65 of this Act.

 

[mrortega]

If I read it correctly, a lawfully posessing non-resident can have their firearm in the car as long as it stays there. If I got that right I may skip the $300 fee and just be able to have my handgun with me to and from work. Better than the current situation.

That is correct per an Illinois Supreme Court ruling in the Spring of 2012. The UNLOADED pistol can be in a closed "case" (glove compartment, center console, etc). The case or compartment does not have to be locked only closed. The definition of "unloaded" for a pistol is the magazine removed and chamber empty. However, Ill law is silent about ammo and you can have a loaded magazine in the same case as the pistol.

Opps! Edited to add that you have to have a valid LTCH from your state of residence also.

 

[Prometheus]

That is correct per an Illinois Supreme Court ruling in the Spring of 2012. The UNLOADED pistol can be in a closed "case" (glove compartment, center console, etc). The case or compartment does not have to be locked only closed. The definition of "unloaded" for a pistol is the magazine removed and chamber empty. However, Ill law is silent about ammo and you can have a loaded magazine in the same case as the pistol.

Opps! Edited to add that you have to have a valid LTCH from your state of residence also.

If you live in Indiana correct. Under the rules, if you live in, Vermont (as an example) anyone can carry in their state so no license would be needed. Indiana? LTCH. Florida? CWL. Arizona? Nothing.

Until I do some more research and see if the word transporting has a specific definition for that section, I'll withhold judgement on it being loaded or not.

Interestingly enough, it speaks to it being locked in a car if you leave the car. In ILL, as of today (chicago et al not withstanding) a Indiana resident could technically walk around with an unloaded and "encased" unloaded firearm.

I'm not exactly optimistic and I don't want to be a test case, but taken in context, it could go to allow it. IANAL and I need to comb thru all the details first.

 

[KLB]

That is only correct if the term "transporting" means the gun can be loaded.

However, from everything else I can tell about Illinois law and traveling within the state, or through the state, with a firearm, the term "transporting" refers to UNLOADED firearms.

I'd be happy if someone can show me to be wrong.

But until a judge says that "transport" means LOADED firearm then I'd caution the practice.

The difference I see is it now specifically says "concealed", where the existing FOID law specifically says unloaded.

(5) Nonresident hunters during hunting season, with

valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting

license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;
(7) Nonresidents while on a firing or shooting range

recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
(8) Nonresidents while at a firearm showing or

display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(9) Nonresidents whose firearms are unloaded and

enclosed in a case;

430 ILCS 65/  Firearm Owners Identification Card Act.

 

[aikidoka]

So a restatement of case law. Bummer I was hoping to have it loaded.

 

[BravoMike]

That is only correct if the term "transporting" means the gun can be loaded.

However, from everything else I can tell about Illinois law and traveling within the state, or through the state, with a firearm, the term "transporting" refers to UNLOADED firearms.

I'd be happy if someone can show me to be wrong.

But until a judge says that "transport" means LOADED firearm then I'd caution the practice.

Good catch. That part of the bill is very misleading. I wonder if the intent is for the preemption in this bill and so that there can't be any municipalities that say otherwise.

Section 90. Preemption.

The regulation, licensing, possession, registration, and

transportation of concealed handguns and ammunition for

concealed handguns by licensees are exclusive powers and

functions of the State. Any ordinance or regulation, or portion

thereof, enacted on or before the effective date of this Act

that purports to impose regulations or restrictions on

licensees or concealed handguns and ammunition for concealed

handguns in a manner inconsistent with this Act shall be

invalid in its application to licensees under this Act on the

effective date of this Act. This Section is a denial and

limitation of home rule powers and functions under subsection

(h) of Section 6 of Article VII of the Illinois Constitution.

 

[Titanium_Frost]

So a restatement of case law. Bummer I was hoping to have it loaded.

This is in a CARRY law, ie LOADED. What is so hard to understand

We can already "transport" an unloaded firearm so there would be no need to re-itterate the wording. This sounds to me to refer to the carry of a concealed loaded firearm when in your vehicle.

 

[Jerchap2]

It is very restrictive, but better than nothing. And of course it is hard to understand. As I have read, Illinois is famous for three things: crooked politicians, gangsters, and pizza. And we know that Obama is not a pizza.

 

[ryknoll3]

To answer the loaded/unloaded question:

From the definitions at the beginning of the bill:

"Concealed firearm" means a loaded or unloaded handgun
carried on or about a person completely or mostly concealed
from view of the public or on or about a person within a
vehicle.

Now, the section in question:

(e) Nothing in this Act shall prohibit a non-resident from
transporting a concealed firearm within his or her vehicle in
Illinois, if the concealed firearm remains within his or her
vehicle and the non-resident:
(1) is not prohibited from owning or possessing a
firearm under federal law;
(2) is eligible to carry a firearm in public under the
laws of his or her state or territory of residence; and
(3) is not in possession of a license under this Act.
If the non-resident leaves his or her vehicle unattended,
he or she shall store the firearm within a locked vehicle or
locked container within the vehicle in accordance with
subsection (b) of Section 65 of this Act.
Section 45. Civil immunity; Board, em

Due to these definitions, I would say it's clear that you CAN carry loaded in your vehicle, though it has to be "on or about" your person.

 

[ryknoll3]

Two things I found in reading the bill.

1. For those interested in a non-resident permit: There is language in the bill that says that the Department (State Police) have to approve which states' residents can get a non-resident permit based on the similarity in firearms laws to Illinois.

Here:

Section 40. Non-resident license applications.
(a) For the purposes of this Section, "non-resident" means
a person who has not resided within this State for more than 30
days and resides in another state or territory.
(b) The Department shall by rule allow for non-resident
license applications from any state or territory of the United
States with laws related to firearm ownership, possession, and
carrying, that are substantially similar to the requirements to
obtain a license under this Act.

I'm curious to see which states will end up "approved". Depending on different states laws regarding how many or which type of convictions or arrests are prohibiting, this may be a hang-up.

2. I knew about the 16 hours of training to get the permit. What I didn't see until tonight was that you have to show another 3 hours of approved training for renewal. Training isn't a one-and-done affair. Similar to Minnesota, you will have to have additional training to get your license renewed. Figure another $100 each time you want to renew, besides the fee.
Here:

Applications for renewal of a license shall be made to the
Department. A license shall be renewed for a period of 5 years
upon receipt of a completed renewal application, completion of
3 hours of training required under Section 75 of this Section,
payment of the applicable renewal fee, and completion of an
investigation under Section 35 of this Act. The renewal
application shall contain the information required in Section
30 of this Act, except that the applicant need not resubmit a
full set of fingerprints.

So, it will probably be about $500 for the initial application figuring $200 for 16 hours of training (though that might be a little light) and $400 each time you renew (another $100 ) for the 3 hours of training.

Lastly, if you lose your license or change your address or have your wallet stolen, it is $75 for a replacement.

I think I'm going to skip it. Even though I'm in IL for work everyday, between the huge list of prohibited places and the exorbitant fees, I'm out. Congratulations, Illinois Democrats, you got your wish.