In a move that could end Illinois’ ban on firearms, the House and Senate passed a measure allowing for the carry of concealed weapons.
Just hours before the Illinois General Assembly adjourned for the summer on May 31, the House, by a vote of 89-28, passed concealed carry legislation, weighing in on a compromise between Second Amendment advocates and advocates for gun control wishing to help mitigate Chicago crime. That same day, the Illinois Senate also passed the bill by a vote of 45-12. Both margins are large enough to prevent Governor Pat Quinn from vetoing the legislation, and many lawmakers suspect it is quite possible Quinn will sign the bill into law.
Illinois is currently the only state in the nation that does not allow its citizens to carry concealed weapons. In December, the federal appeals court ordered Illinois to end its ban on concealed carry by June 9th, later extended to July 9th by a motion from Illinois Attorney General Lisa Madigan is asking the federal courts to extend the deadline by 30 days.
What’s in the Bill?
The General Assembly’s legislation would prohibit persons from carrying guns into schools, taverns and parks but would allow people to keep guns in their vehicles. State police would be required to issue a concealed carry permit to gun owners with a Firearm Owners Identification (FOID) card. Persons with FOID cards would be required to pass a background check and participate in 16 hours of training involving how to handle a weapon. Firearm Owner Identification cards are issued by the state of Illinois to registered gun owners.
Defenders of the bill point out the vast number of regulations in the legislation are the result of trying to write a concealed carry law at the last minute under strict federal court orders. An earlier proposal to wipe out all local gun ordinances was not included in the legislation.
A Ways To Go
Even if Quinn signs the newly passed 168-page legislation into law, it could be close to a year before gun-carrying permits are available. The cost for permits under the proposed law is $150 and $300 for those who live out of state. By comparison, Missouri’s fee is only $100. The high cost is an issue for residents who live out of state because the legislation does not contain a reciprocity provision with other states. In other words, persons can only carry guns legally in Illinois if they possess an Illinois permit.
The legislation, does, however, allow permit holders from other states to transport firearms in their cars while driving through Illinois, providing the weapons stay in their vehicles. Persons applying for permits out of state would be required to fulfill Illinois’ requirements of extensive training and background checks to receive permits. The legislation also provides that the list of permit applicants “shall be made available to all federal, state and local law enforcement agencies, State’s Attorneys, the Attorney General and authorized court personnel.”
Some gun-control advocates support the measure. Senator Dan Kotowski, D-Park Ridge, a gun-control advocate, cited during a floor debate in defense of the legislation’s training requirement, that “508 people were killed by concealed handgun permit holders in other states because they haven’t been adequately trained.”
Even if Quinn does sign the bill, residents of Illinois will not be allowed immediately to carry guns. Quinn has 60 days to act on the bill under the Illinois constitution. Should Quinn sign the bill, the Illinois State Police have 180 days to create the regulations that will put the law into effect. Thus continues the endless mantra of Illinois politics: Hurry up and wait.
[Editor’s Note: Here’s some updated news on the Concealed Carry issue from Associated Press: Illinois Attorney General Lisa Madigan is asking the U.S. Supreme Court for second month-long time extension to determine an appeal for a lower court order allowing citizens to carry concealed guns. This bid for would allow Madigan’s staff to continue researching the issues that could be part of a possible appeal to the Supreme Court of a lower court’s decree. An extension would also give the attorney general breathing room to see what action Gov. Pat Quinn takes on concealed carry legislation awaiting him. The deadline for gubernatorial action is July 9, and Madigan must decide on an appeal by June 24. That date would be pushed back a month if the court agrees to the entreaty filed with Justice Elena Kagan. If Quinn signs the bill lawmakers were forced to craft after a federal appellate court ruling, a Supreme Court appeal would be moot.]