What does HB0997, this session's concealed carry bill, have to say? Here's the synopsis of the bill as filed.
"Creates the Family and Personal Protection Act. Provides that the Department of State Police shall issue a license to a person to: (1) carry a loaded or unloaded handgun on or about his or her person, concealed or otherwise; (2) keep or carry a loaded or unloaded handgun on or about his or her person when in a vehicle; and (3) keep a loaded or unloaded handgun openly or concealed in a vehicle. Prohibits the carrying of the handgun in certain locations. Provides that the license shall be issued by the Department of State Police within 30 days of receipt of a completed application 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 , the bill2012 to make conforming changes. Effective immediately."
Let's take it apart:
1. Provides that the Department of State Police shall issue a license... These words are important. It is the Illinois State Police that is to issue the license, not the local County Sheriff or the Chief of Police of your town. This assures applicants of more uniformity of issue and reduces the chance that someone who has been a political opponent might experience some difficulty in getting his license.
2. Provides that the Department of State Police shall issue a license... The word "shall" means that, if the applicant meets the qualifications, then he gets the license. Not "may" issue or "can" issue or "will" issue. The word is "shall".
3. "...to carry a loaded or unloaded handgun on or about his or her person, concealed or otherwise; ..." This looks like open carry to me. What is other than concealed? Not concealed. Open. See you at Culver's, folks. (Remember the Madison (Wisc.) Five?)
4. "... keep or carry a loaded or unloaded handgun on or about his or her person when in a vehicle; and ... keep a loaded or unloaded handgun openly or concealed in a vehicle." This looks like the licensed person can have the handgun on him in the car or leave it in the car, when he leaves the car. For example, if he goes into a government building. (Just be sure to park on the street at the courthouse, not in the parking lot on "government property".)
5. "Prohibits the carrying of the handgun in certain locations." I haven't inspected the "fine print", but there are probably gun-free zones, such as schools, government buildings, businesses that post against carrying.
6. "Provides that the license shall be issued by the Department of State Police within 30 days of receipt of a completed application" - - makes the DSP act and not malinger...
7. "...shall be valid throughout the State for a period of 5 years from the date of issuance. " Takes away the possibility that Chicago would required 30-day renewals on its residents.
8. "Establishes qualifications for licensees, certified firearms instructors, and instructor trainers." Gun owners will likely not object to reasonable qualifications similar to those existing in many other states.
9. "Provides for home rule preemption." This will keep Cook County Dems from "carving out" Chicago and making their own, more restrictive rules there.
10. "Effective immediately." Bonanza! The U.S. 7th Circuit Court of Appeals told Illinois it has 120 days to pass a law. That's about June 9, 2013. Let's say the legislators and the Governor malinger to the 11th hour.
Then on June 10, 2013, we have a concealed carry law. The application forms should be on the internet. There will be a rush of classes and time to get fingerprinted and photographed. Will the State Police use digital photographs from the DMV files, or will they require new photos?
Application fee, $25.00. License period, 5 yrs. Renewal fee, $25.00.
And you get to shoot first to get your license. You shoot 30 rounds on a B-21 silhouette target, which is 35" x 45". To pass, you have to hit the silhouette 70% of the time. You fire 20 rounds from 7 yards and 10 rounds from 15 yards. (This ought to draw some comments!)
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"This ought to draw some comments!" You betcha!
9. "Provides for home rule preemption." This will keep Cook County Dems from "carving out" Chicago and making their own, more restrictive rules there.
Exactly right!
"Section 95. Preemption. It is declared to be the policy of
11 this State that it is an exclusive power and function of the
12 State to regulate the possession, carrying, and transportation
13 of handguns and the issuance of licenses to carry a concealed
14 firearm. Except as provided in subsection (b) of Section 70, a
15 home rule unit shall not regulate the possession, carrying, or
16 transportation of handguns. A home rule unit shall not regulate
17 the number of handguns or require registration of handguns
18 possessed by a person licensed under this Act. This Section is
19 a denial of home rule powers and functions under subsection (i)
20 of Section 6 of Article VII of the Illinois Constitution. Any
21 unit of local government that violates this Section shall be
22 liable for all costs, fees, and damages to anyone impacted by
23 any rule or ordinance. In addition to any other awards of fees,
24 damages, or penalties, the unit of local government shall also
25 be liable for not less than $10,000 per incident per day in
1 punitive damages to each individual affected."
This also KILLS all local handgun registration and 1-gun-a-month laws. And it has teeth!
HB0997 also allows for 2 types of non-resident carry. One, if IL and the nonresident's state establishes a reciprocity agreement. The other allows a nonresident with a concealed carry license from his state to apply for an Illinois non-resident concealed license, even if there is not reciprocity agreement.
This bill is a poison pill for the Chicago Dems and the progressives in McHenry County. Not just for the home rule denial, but because it specifically states that NRA certified instructors will be allowe to teach the classes.
It may have escaped attention, but the McHenry Country progressives are following Obama's OFA's lead in denigrating and attacking the NRA at every turn in the Northwest Herald in the letters and online comments.
I can't wait until these people discover that the NRA will be training and certifying applicants for CCW licenses!
Be careful about getting to excited about the word"shall". There are a number of cases where that word has been allowed to mean more like may even though the staute clearly says otherwise. Remember the black robed dictators rule at the end!
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