Saturday, January 19, 2013

Open season for concealed carry

On January 13 Illinois State Rep. David Reis (R-109 (Olney, Ill.)) filed House Bill 0154, which may be the first concealed carry bill of the new session. What does it say?

The synopsis reads: "Creates the Family and Personal Protection Act. Provides that the Department of State Police shall issue a license to carry a loaded or unloaded handgun to an applicant that meets specified qualifications, has provided the application and specified documentation, and has submitted the requisite fees. Provides that a license to carry a handgun entitles a licensee to carry a loaded handgun, either concealed or openly, on or about his or her person or in a vehicle, except in certain prohibited locations. Provides that the license shall be issued by the Department of State Police within 45 days of receipt from a sheriff and shall be valid throughout the State for a period of 5 years from the date of issuance. Provides for renewal of licenses. Establishes qualifications for licensees, certified firearms instructors, and instructor trainers. Provides for home rule preemption. Provides that the provisions of the Act are severable. Amends the Freedom of Information Act. Prohibits from inspection and copying information about applications for licenses to carry a handgun and about license holders contained in the database created by the Family and Personal Protection Act, except as authorized by that Act. Amends the State Finance Act and the Criminal Code of 2012 to make conforming changes. Effective immediately."

To get the whole nine yards, read HB 0154. Be sure to click on Full Text to get the big picture.

Rep. Reis is the sole sponsor at this time. Where's everybody else? What happened to Rep. Phelps HB0148 in the 97th Session?

Notice key provisions:
- shall issue
- loaded handgun
- concealed or openly

Should hope it puts a stopwatch on a sheriff. Just imagine the delays in Cook, Lake, Kane, DuPage and McHenry Counties, if the sheriff can pigeon-hole an application and let it gather dust.

Awww, would that happen in McHenry County? Here come more lawsuits!

If this bill makes it out of the House Committee, it will need a super-majority to pass, because of the home-rule pre-emption provision.

The clock is ticking on concealed carry in Illinois, thanks to the three judges in the 7th Court of Appeals. Watch the countdown timer to your right.

5 comments:

Anonymous said...

( home-rule pre-emption provision.)

That is the catch all. Most of the major cities over 25K people are home rule and can do their own thing that is more restrictive. Kind of like the warrantless confiscation of your vehicle upon impoundment knowing the price is too oppressive to get it back. The carry conceal could come with a $1000.00 permit fee.

Gus said...

I think that's why the sponsors will go for a super-majority, when voting time arrives. A super-majority is needed to over-ride the home-rule pre-emption end-run.

If Illinois tries a $1,000 permit fee, the State will be right back in court.

I understand that Rep. Phelps pulled HB0148 in May 2011, before the vote was finalized - to keep the bill alive, once he realized they weren't going to get 71 votes.

Anonymous said...

Ya know, whenever I see the words "Concealed Carry", my first thoughts go to the 40 ouncer I have tucked under my coat. DOH!

Gus said...

In the shoulder holster? Or the belt? Cross-draw?

Anonymous said...

Hmmm, pack'n dbl 40's? Don't know if my old decrepit back can take that kind of weight. Doh.