Thursday, September 20, 2012

Winnebago County abandons concealed carry

Remember the glee with which concealed carry supporters praised Winnebago County for considering a resolution or ordinance to allow concealed carry?

Now the Rockford Tea Party is bashing Winnebago County State's Attorney Joseph Bruscato for the September 17, 2012, opinion from his office that a concealed carry ordinance in Winnebago County won't fly.

He's right.

Rockford Tea Party Coordinator David Hale is all upset and blasts that opinion. He's wrong.

Illinois State law controls whether a person can carry a concealed weapon, and Winnebago County cannot pass its own less-restrictive law. I wrote that months ago. The opinion explains why reciprocity won't fly; States that grant reciprocity require that a person hold a concealed carry permit in his own state, and that's impossible for Illinois residents.

Now, how do you carry a concealed weapon in Illinois? You carry it unloaded in a container. What's a "container", you ask? The State of Illinois doesn't specify. The exception to violating Illinois criminal law (720 ILCS 5/24-) by carrying (transporting) a weapon reads "......are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card;"

So, could your "other container" be a fanny pack, backpack, briefcase, purse, Jewel-Osco plastic sack or lunch box? Read the part about "transporting" the weapon. If you are moving it from one place to another, which you obviously would be, wouldn't you be "transporting" it?

Here is a case where you must know your Miranda rights, which start with "You have the right to remain silent." If you decide to carry your unloaded weapon in your "container", unfortunately you may have to expect that you will be arrested.

If I were stopped while carrying concealed in Illinois, I don't want the cop to be surprised if he pats me down. I'd tell him that I am legally carrying an unloaded firearm. I'd show him my FOID card. And I'd stop talking, except to affirm politely and in answer to any questions, that I am legally in possession of my firearm.

Exercise that right to remain silent. Talk only to your attorney. Yes, it might mean sitting in custody or jail until your attorney can get there and you can bond out. Keep your mouth s-h-u-t.

Remember the second warning? "Anything you say can and will be used against you in a court of law."

If you need to defend yourself or someone else, would you rather be five seconds away from a loaded weapon or hours and miles away from it? Me? Five seconds (loading time) sounds a whole lot better and safer.

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