Friday, April 19, 2013

Jamey Dunn sez... about concealed carry

Read Jamey Dunn's take on the action by the Illinois House yesterday on the concealed carry bill.

Dunn's message appears on the Illinois Issues blog and followed the vote on HB0997.

Rep. Cassidy seems to think that concealed carry has something to do with hunting. She is quoted in the blog and in other places as having said, "The only hunting that’s happen in my neighborhood is of young men".

Well, dear Rep. Cassidy, that "hunting" will be reduced, if you'll hop over the fence and stand in the YEA line. Actually, I suspect there isn't any "hunting" going on in House District 14, up around 5533 North Broadway, in Chicago. Is there? That's just south of Bryn Mawr Avenue and a pretty safe neighborhood, all things considered. Getting up pretty close to Evanston there...

And the "shall issue" vs. "may issue" question? Can you imagine the difficulty that many otherwise-qualified people will have, if the King or Queen of the county or city gets to say who gets a concealed carry license and who doesn't.

Let's say, right here in McHenry County. Think Gus Philpott will ever get a license, if Woodstock Police Chief Bob Lowen or Sheriff Keith Nygren or Undersheriff Andy Zinke gets to say?

Ever since a McHenry County Sheriff's Department laughed out loud at me in 1996, when I called to ask where to get an application for concealed carry, I have been on a mission to get concealed carry passed in this state. And I'm not quiet about it. All of which means, if Illinois doesn't go "shall issue", I'll continue to be defenseless outside my residence.

As for pre-empting local control, that's a no-brainer. Of course, there should be just one concealed carry law for the entire State. There are over 130 incorporated municipalities in just Cook County alone. Do you want to have to worry about some unknown law, hidden away in a book of ordinances on some City Clerk's shelf, that would make a felon out of you for driving across its city limit?

Reps. Cassidy and Will Davis seem to like "soup". Well, let's make a soup that can be served anywhere in the State.

5 comments:

bill Matteson said...

Question,If after June 9th a CCW law is not in effect, The State of Illinois will revert to constitutional carry , in which we are allowed to carry concealed weapons as prescribed by our constitution, which is the law of the land..WHY can't I do that now?

Gus said...

Bill, I was thinking about that this morning, before I read Jamey's article. I think I heard that, while the U.S. 7th Circuit Court of Appeals found the Ill. law unconstitutional, it "stayed" its decision for 180 days and told Illinois to get a law on the books.

I happen to believe that you CAN carry right now. I believe we can carry (transport) an unloaded pistol in a "container". In my opinion, that could be a fanny pack. Just have the loaded magazine out of the pistol.

My "belief" will not keep us from being arrested, but it might keep us from being convicted, if we have enough money for a good attorney.

bill Matteson said...

before I carry an Unloaded pistol I think I would carry a brick,,,which would afford me about same defense

Think I'll make a holster for my brick..

Clem Kadiddlehopper said...

Case law from 3 cases. Note: You must have an FOID card.

Illinois v. McDade - 95 CR 15311
http://user.mc.net/~mustang/mcdade__95_cr_15311.htm


Illinois v. Torres - 95 CR 19711
http://user.mc.net/~mustang/Torres%20-%2095%20CR%2019711.htm

ILLINOIS v. DIGGINS 2009
http://www.state.il.us/court/OPINIONS/SupremeCourt/2009/October/106367.pdf

Glove compartments, plastic bags and center compartments are considered "cases" under IL case law.

Then there was John Horstman. He was arrested in 2002 for unlawful use of a weapon in carrying an unloaded gun in his fanny pack.

DuPage County State's Atty. Joseph Birkett dropped the charges. Horstman sued and collected $50,000 in a settlement.

There used to be an Ilinois organization called "Concealed Carry, Inc." Before the founder got fed up with Illinois and moved, he was an early advocate of carrying an unloaded gun in a fanny pack with loaded magazines separate. Credit him as an early activist for concealed carry in Illinois.

If the stalemate continues (I hope), than anybody with a FOID **OR OUT OF STATE RESIDENT WITH A CCW**(see 430 ILCS 65/2 (b)(10)) will be able to carry when the stay expires without a statute.

430 ILCS 65/2 (b)(10) states "(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:...(10) Nonresidents who are currently licensed or registered to possess a firearm in their resident state;"

Gus said...

I had heard of Horstman but not about the $50,000. Where's my fanny pack?

I have a copy of John B's Advisory Form in my gun case right now. I give him a lot of credit for his early stand. And I understand about getting fed up with the State and leaving.