Monday, December 30, 2013

Concealed carry show-stopper?

How do you feel about Privacy? And the invasion of yours?

In the statute for the new Illinois concealed-carry law, an applicant for a concealed-carry license must agree to a waiver of his privacy and confidentiality rights and privileges under all federal and state laws. Read it. That's what it says.

"430 ILCS 66/30 (b) The application shall contain the following:
(3) a waiver of the applicant's privacy and confidentiality rights and privileges under all federal and state laws, including those limiting access to juvenile court, criminal justice, psychological, or psychiatric records or records relating to any institutionalization of the applicant, and an affirmative request that a person having custody of any of these records provide it or information concerning it to the Department;"

For some potential applicants who read the law carefully and understand what it really means, this section will become a show-stopper. Certain applicants will refuse to apply for a license, because they believe they should not have to waive these rights under all federal and state laws.

There doesn't seem to be any provision for recovering your rights, once you have waived them. Suppose you change your mind about holding a concealed-carry license and return it to the State Police with a letter of cancellation. How do you regain these rights?

What if you move out of Illinois? Once you have waived your rights, they may be gone - forever.

Will this section of the law be challenged in court? Is it unreasonable to require an applicant to waive his "privacy and confidentiality rights and privileges under all federal and state laws"?

The legislators didn't think so. Maybe it's time to give them more time to think about it - like voting them right out of office at the next election.


Maverick50 said...

The Illinois Carry Law is filled with grey areas. It's a lawyer dream boat ready to sail down the river of legal fees. It's not spelled out and what is spelled out is UNCONSTITUTIONAL! We as Americans have the right to bare arms. That's how it is written in the 2nd amendment, plain and simple. That law is not filled with bureaucratic garbage that can be interpreted a million different ways.
"the right of the people to keep and bear arms shall not be infringed."
The cost alone is an infringement.
A waiver of your rights is an infringement.
This entire Illinois Carry Law is an infringement. It will end up in court. You will win and you will lose, but at what expense. Remember your legislators brought this about... VOTE THEM OUT!

Big Daddy said...

Maybe that"s because they planned and wrote the law that way on purpose. Vote them out? How? By not voting for Madigan but instead for Goggins?