Chicago Ban

[Tempest455]

Anyone know the latest on the ban in Chicago? Can you still not pass through w/ one in your car?

[Oh Shoot]

Anyone know the latest on the ban in Chicago? Can you still not pass through w/ one in your car?

You've been able to pass through as per federal law since 1986.

- OS

Edited July 6, 2011 by OhShoot

[DaveTN]

You can pass through, but it has to be cased, and unloaded as per Illinois State law. The Chicago gun registration and Illinois FOID requirements do not apply to out of state residents, the laws on transporting a firearm do.</SPAN>

</SPAN>

[Guest WyattEarp]

Same as it's always been. However the NRA is challenging the fact that Illinois is a no carry state, and they are hoping to change that.

http://www.nraila.org/News/Read/NewsReleases.aspx?ID=15127

[Oh Shoot]

You can pass through, but it has to be cased, and unloaded as per Illinois State law. The Chicago gun registration and Illinois FOID requirements do not apply to out of state residents, the laws on transporting a firearm do.

Well that would be safest of course to avoid any possible hassle, but to be precise, federal law begins the statute begins with "Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof..." and does not call for firearm itself to be cased, but rather, the ammo must be in certain situations.

Federal "safe passage" law verbatim:

"TITLE 18 > PART I > CHAPTER 44 > § 926A Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political

subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping,

or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where

he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry

such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any

ammunition being transported is readily accessible or is directly accessible from the passenger compartment

of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from

the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the

glove compartment or console."

- OS

[DaveTN]

Same as it's always been. However the NRA is challenging the fact that Illinois is a no carry state, and they are hoping to change that.

http://www.nraila.org/News/Read/NewsReleases.aspx?ID=15127

Illinois is looking a legislation right now that would allow carry. I would hate to see this lawsuit cause a problem with that. The SCOTUS has been clear on the states rights to legislate carry; I doubt they will hear another case this soon.</SPAN>

[Guest WyattEarp]

Illinois is looking a legislation right now that would allow carry. I would hate to see this lawsuit cause a problem with that. The SCOTUS has been clear on the states rights to legislate carry; I doubt they will hear another case this soon.

it failed to pass.

The NRA lawsuit is in response to the failure of the handgun carry bill to pass in Illinois (look at the dates of the NRA article and the link I posted at the bottom of this post in regards to the governors stance.

http://www.nraila.org/News/Read/NewsReleases.aspx?ID=15127

We're pleased that the legislature has come closer this year than ever before to changing the law, but close isn't good enough for Mary Shepard and the thousands of other Illinois residents who are prohibited by statute from defending themselves outside the home."

the mayor and the governor have both made it adamant that they against any carrying in any fashion, whether it be open or concealed.

http://www.usatoday.com/news/washington/judicial/2010-06-28-gun-rights-supreme-court-ruling_N.htm

"Across the country, cities are struggling with how to address this issue," Chicago Mayor Richard Daley said at City Hall. "Common sense tells you we need fewer guns on the street, not more guns."

http://stlouis.cbslocal.com/2011/05/03/illinois-governor-urges-no-vote-on-concealed-carry/

SPRINGFIELD, Mo. (IRN/KMOX) -Gov. Pat Quinn is bashing a House bill that would allow concealed handguns.

A committee voted last month to send such legislation to the Illinois House.

Quinn held a news conference Tuesday to pressure lawmakers not to pass legislation that would allow concealed carry.

Quinn says violent crimes involving guns would increase if the law were to pass. He is calling on all lawmakers to vote against the measure. Proponents say just the opposite, that allowing generally law-abiding citizens to carry handguns would decrease crime. Supporters say Illinois should fall in line with other states. They say concealed carry is an option for people who want to protect themselves.

If the bill were to pass, Quinn says he would veto it. He says 65 percent of registered voters in Illinois are opposed to concealed carry and the presidents of public universities in Illinois are also opposed.

Despite the opposition, the director of the Illinois State Police, Hiram Grau, said that if the law passed, his office would be busy. “The applications are going to be coming in hot and heavy and we’re just not prepared for that,†Grau said.

Grau says he has concerned about the “antiquated†Fire Owners Identifications or FOID system, but wouldn’t elaborate further.

Illinois is one of two states that doesn’t let legal gun owners carry concealed weapons.

A vote on the measure is expected this week.

[Glock30]

Here is some excellent recent case law on out-of-state permit holders who visit Chicago. Reading all the way though is well worth your time.

http://www.state.il.us/court/opinions/SupremeCourt/2011/April/109130.pdf

[Guest ArmyVeteran37214]

The simple answer to this is just avoid being anywhere near Chicago in the first place. Drive around the horrible city! Stay south of I-80 until you are far enough west of the city to drive north and continue on to destination. I wait until the last minute to turn west into IL. Once I arrive at state line, I lock everything up until I reach my destination.

[JayC]

Illinois is looking a legislation right now that would allow carry. I would hate to see this lawsuit cause a problem with that. The SCOTUS has been clear on the states rights to legislate carry; I doubt they will hear another case this soon.

Exactly which case has SCOTUS ruled that carrying of firearms is not covered by the 2nd Amendment? Neither McDonald nor Heller state that, so which case exactly are you referring to?

[Oh Shoot]

Exactly which case has SCOTUS ruled that carrying of firearms is not covered by the 2nd Amendment? Neither McDonald nor Heller state that, so which case exactly are you referring to?

Carrying was not addressed at all in either Heller or McDonald. Obviously because SCOTUS intends this to be left to state discretion.

- OS

[Guest WyattEarp]

Here is some excellent recent case law on out-of-state permit holders who visit Chicago. Reading all the way though is well worth your time.

http://www.state.il.us/court/opinions/SupremeCourt/2011/April/109130.pdf

Jesus H. Christ. what a cluster ****! This is why all states should have one uniform law on HCP. All states should recognize it based on a majority rule (48/50 currently recognize HCP, with Wisconsin and Illinois the only 2 states who currently do not (and Wisconsin is about to join the other 48 to become #49.), and all states should reciprocate and honor HCP permits. that would put an end to all this nonsense. By God, it's our constitutional right to keep and bear arms, and under the constitution that means any STATE or US TERRITORY within the jurisdiction of the United States of America.

But that would be liking hitting the Staples EZ Button, I guess that'd just be too easy right? So easy, a caveman could figure it out.

[E4 No More]

I prefer to stay out of that armpit state all together. When I take the wife back home to Kansas City to visit her family I get off I-24 and take the back highways into Missouri.

[Guest WyattEarp]

I prefer to stay out of that armpit state all together. When I take the wife back home to Kansas City to visit her family I get off I-24 and take the back highways into Missouri.

nice to see a fellow Kansas Citian here, I grew up Blue Springs, left that rat hole in 2007 for good, probably one of the best decisions I ever made in my life. Occasionally I go back to visit, but I may start taking I-40W thru Arkansas to 540N to 71N from now on. should be about the same distance/time. Instead of going up and over, you're going over then up.

edit: nope, it's not. by googles calculations it's 800 miles. not going that route! lol. didn't think it would be that much difference than going go up thru KY/IL and then over to KC.

Edited July 8, 2011 by WyattEarp

[JayC]

Carrying was not addressed at all in either Heller or McDonald. Obviously because SCOTUS intends this to be left to state discretion.

- OS

Carry was not addressed in Heller and McDonald because the lawyer running the case specifically did not want to address it in those cases. Since they made no claims against laws banning carry, SCOTUS made no ruling on the matter.

That same lawyer has filed a new case Palmer vs Washington DC which does address the right to carry. The lawyer in question says this was the plan all along to go at this bit by bit.

[DaveTN]

Carry was not addressed in Heller and McDonald because the lawyer running the case specifically did not want to address it in those cases. Since they made no claims against laws banning carry, SCOTUS made no ruling on the matter.

That same lawyer has filed a new case Palmer vs Washington DC which does address the right to carry. The lawyer in question says this was the plan all along to go at this bit by bit.

This has been hashed out here many times before… but.

The SCOTUS can’t tell everyone they can strap on a gun….. it can’t happen. Not unless they want the Federal government to be responsible for law enforcement for all states.

The SCOTUS has had the opportunity to rule on the right to bear arms; they don’t want to; because no matter how they rule it will be a loss.

It’s called States Rights, we fought the bloodiest war or nation has ever been in over it… remember? The SCOTUS or no other Federal agency or court is going to tell states they can’t control firearms. The Justices have made that clear in their comments.

The only way you are ever going to be able to say that you have a right to bear arms is if we can get our legislators to make Tennessee the fifth state to acknowledge carry as a right. Then there will only be 45 states to go before you can claim it as a right anywhere in our county.

How’s that Palmer ruling coming along?