Sunday, September 29, 2013

To carry or not to carry...

To carry or not to carry...

Update as of May 3, 2013
Lisa Madigan on April 26, 2013 applied for an extension for time to file a petition. Earlier today the Supreme Court Of The United States more specifically Justice Kagan granted this extension to June 24, 2013. This does not CHANGE THE ILLINOIS GENERAL ASSEMBLY'S DUTY OF PASSING A CONCEAL & CARRY BILL BY JUNE 9, 2013.

* You can read the docket here 

Posted On May 1, 2013
The purpose of the Capitol Outdoors Legislative section is to inform the public about pending legislation.  Currently a pressing issue to CO is the concealed carry bill with all of its political mess.  Capitol Outdoors  will keep you informed on movements in both the Illinois House and Senate regarding issues that matter to the Outdoorsman and woman.

By now you probably have heard that the 7th U.S. Circuit Court of Appeals called Illinois’ law against conceal and carry unconstitutional and ordered lawmakers to install appropriate measures by June 9, 2013. On April 26, 2013 Attorney General Lisa Madigan daughter of House Speaker Michael Madigan, asked for a 30 day extension to the June 9, 2013 deadline.  

At the moment legislators in Springfield have so much on their plate they can’t see straight.   Well, unfortunately if they just stuck to the major issues they would be able to actually get things done. Illinois is a crumbling mess and the legislators need to pass a Pension Reform Bill, work on the state’s economy and pass a Conceal and Carry Bill that will uphold constitutional muster.  It seems as though our elected leaders are spending vital time debating in both committee and on the floor about things that could be put on the back burner. For example,  Illinois Lion Meat Act, Animals in Lap While Driving and much more mundane legislation.  CO understands that somewhere someone cares deeply about these issues, as we at Capitol Outdoors care about sporting legislation.  But our Legislators need to start working together and get some meaningful legislation passed. It has become a gridlock of passing Bills and playing political games instead of trying to solve the problems of the people of Illinois. The Land of Lincoln has become the “Land of the LOL”.  There have been many committee meetings on the Conceal & Carry legislation as well as extensive floor debate on the issue.  There needs to be a vote on this issue and it needs to be soon. Representative Roth said, “It was very disappointing in, well two weeks ago now, that there was shenanigans played, some people came off the bill and it failed...” [1]  There are so many things being reported that by the time it gets to the floor the public doesn’t knows what it being voted on because last minute amendments are being pushed through .   

Capitol Outdoors will break down HB 997 one of the more popular pieces of legislation regarding conceal and carry.

The Bill preempts Home Rule which means that it covers the entire State of Illinois.  This is a huge part of the issue for the Chicago area Democrats who feel an increase in guns will not solve the problem of Chicago crime.

Section 20 (a-15) There is a $100 application fee, $70 of which will be deposited into the State Police Firearms fund for use in administering the FOID cards and $30 of which shall be deposited into the Mental Health Reporting Fund. Renewal fee $35 Section 80.

Section 20 (g) License shall be issued by the Department within 90 days of receipt of a completed application for the first year.

Section 65 Permits issued by other states or territories that have entered into reciprocal agreements with Illinois and have substantially similar training programs are recognized.  Those states include but are not limited to; Arizona, California, Florida, Iowa, Kentucky, Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee, Texas and Wisconsin.

Notice that Utah was not listed.  Capitol Outdoors interprets this saying that Utah’s training does not meet the qualifications of Illinois, however it also leaves up to interpretation the fact the State can also decide to accept a Utah license, “but not limited to”.  

According to Section 20 (h) you can use the above States License for 365 days before you need to get an Illinois License.

One will need to be 21 years old and a FOID card holder who will have to undergo at least 8 hours which includes live fire and classroom  instruction.  You can check out Section 85 of the Bill to see what is involved in training.  
Section 70: Restrictions

No one can knowingly carry a concealed firearm into any building or parking lot under control of the General Assembly and its support services.  The entire Capitol Complex is off limits.

Any courthouse, part of that building or parking lot that is occupied by the courts.

Any meeting of the governing body of a unit of local government or special district.

Any building or parking lot that sells alcohol.

Any airports

Any place where prohibited by federal law.

Any building or parking lot control by a school, but school is able to amend.

Any building or parking lot that is used as child care facility.

Any casino.

Any stadium or arena or parking lot area under the control of stadium any collegiate or professional sporting event.

Any Mental health facility.

Any community college, college, university, property and parking lots under direction of Higher Education.

Any public Library and parking lot.

Any Police Station and parking lot.

Any Prison and Juvenile Detention Center and parking lot.

and the list goes on...

HB 997 needed 71 voted to pass the House and as you can see from the picture below it was short by 7 votes.  Those 7 votes were from Chicago Democrats and also to note Speaker Madigan did not vote.  Representative Phelps put this Bill on the Order of Postponed Consideration which means he has another chance to get the votes needed to pass the Bill.  Illinois needs to pass comprehensive concealed carry legislation before June 9th or “constitutional carry” will set in.

“Representative Roth stated that her constituents are telling her that if the bill continues to be amended adding more restrictions that would rather her vote no and let it go to a  constitutional carry...”[1]

Capitol Outdoors feels that the restrictions in the Bill are too confusing.   If you are a law abiding citizen you should be able to carry your gun to protect yourself and your family that is traveling with you.  If you were to go into a liquor store and it was being robbed, you wouldn’t have your firearm, nor would it be accessible in the parking lot under this Bill.

Capitol Outdoors agrees with the amount of training because a well trained citizen is a good citizen.  There needs to be more gun safety awareness and training involved so that those that carry do it safely.

There will be continuous update on this issue up until the June 9th deadline.

[1] Morris Daily Herald, April 30, 2013

Illinois General Assembly Website was used for referencing Bill.