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Shall Issue Concealed Carry Bill Introduced In Illinois

January 30, 2013 by 18 Comments

Illinois State Rep. Brandon Phelps (D-Harrisburg) introduced HB997 – the Family and Personal Protection Act – yesterday. This bill would, if passed, would bring shall-issue concealed carry to Illinois.

From the bill’s synopsis:

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 2012 to make
conforming changes. Effective immediately.

Having read the bill in its entirety, let me highlight key components of the bill.

First and foremost, this bill provides for Shall-Issue concealed carry permits. The permit would allowed a permit holder to (a) carry a firearm, loaded or unloaded, “concealed or otherwise”, on his or her person; (b) on his or her person in a motor vehicle; or (c) in a vehicle either openly or concealed while not on the person. Concealed is defined by the law to mean “completely or mostly concealed”. This should take care of the issue of incidental exposure or printing. Moreover, as I read “concealed or otherwise”, I think a strong argument could be made that this would make open carry permissible with a CCW.

The Illinois State Police will be in charge of issuing the permit. The fee is $25 to apply with a 30-day turnaround time. As I noted above, the permit is shall-issue. However, a sheriff or municipal chief law enforcement officer can object in writing to the issuance of a permit to an individual especially if they feel the person would be a danger to him or herself or others. The burden of proof is upon the state to prove this and the applicant has a right to know. Applicants consent to a complete background check including psych records and juvenile court records. Applicants “may” be requested to provide fingerprints with the cost to the applicant of no more than $15.

Illinois residents with a current out-of-state carry permit would be allowed to carry concealed for up to 180 days after enactment. After that, they would be required to have an Illinois CCW.

Section 25 of the bill sets the qualifications:

  • Age 21 or more
  • Valid FOID card if a resident
  • Not prohibited by either state or Federal law from possessing a firearm
  • Not under pending arrest warrant that would be a disqualifying offense
  • Not a chronic abuser of alcohol in prior 3 years as evidence by either (a) residential or court-ordered detox or treatment for alcohol abuse or (b) 2 or more DUIs.
  • Has completed approved training and education component

The state – and only the state – will keep a database of all permit holders. No local law enforcement agency or local government may keep their own database. Violations of this incur a $5,000 per record punitive fine. The state database would be available to all law enforcement agencies but individual records would not be subject to freedom of information requests. The only public data provided from this database would be statistics showing permits by county, age, gender, or race.

Permit renewals would cost $25 and require a shooting requalification. This could be satisfied by either shooting in a competition such as IDPA or USPSA within six months of renewal or by showing evidence of a range exercise with a certified instructor.

The bill does provide for non-resident permits and waives the FOID card requirement. It would require a notarized statement from the home state that the person is eligible under state and Federal law to possess a firearm. More importantly, the bill provides for reciprocity with other states that recognize the Illinois permit and that have substantially similar requirements to that of Illinois.

The bill does have a substantial list of restricted areas which would apply to where a permit holder could carry concealed. There are exceptions in some of these areas if consent is given or if the holder is a judge or a State’s Attorney.

  • Any building under control of the Illinois General Assembly including district offices. Members could carry concealed in their district offices.
  • Courthouses
  • Meeting places of local governments
  • Bars but not restaurants that merely serve alcohol
  • Airport secure areas
  • Area prohibited by Federal law
  • K-12 schools without consent
  • Child care facilities without consent
  • Casino
  • Gated areas of amusement parks
  • Stadiums and other sports venues
  • Colleges and universities without consent
  • Public libraries without consent
  • Police stations and sheriff’s offices without consent
  • Prisons, jails, and other correctional facilities

Businesses would be allowed to post against concealed carry and the bill does specify the posting requirements. Local governments and school boards may prohibit by a majority vote concealed carry in any building controlled by them. However, they cannot prohibit carry in public housing, rest stops, public right of ways, or parking facilities. State buildings under the control of the Governor, Lt. Governor, Attorney General, Secretary of State, Comptroller, or Treasures would be allowed to be posted against concealed carry.

Permit holders would be required to disclose if carrying as soon as possible if stopped by law enforcement officers. The bill prohibits carrying under the influence which is defined as 0.08 blood alcohol or higher.

The training requirements can be fulfilled by passing the NRA Basic Pistol course, the NRA Personal Protection in the Home course, the NRA Personal Protection Outside the Home course, or another 4 hour course approved by the State Police. In addition, there is a live fire component that also must be passed. A person must fire at least 30 rounds with a 70% hit score of a B-21 silhouette or similar. Of these 30 rounds, the bill specifies 20 rounds at 7 yards and 10 rounds at 15 yards. The fees for training are allowed to be set by the instructor. Instructors can be anyone who is an NRA certified instructor, a retired law enforcement officer who has passed the qualifications to carry, an active or retired military member with a combat MOS, or a person certified by the Illinois Law Enforcement Training State Board.

Finally, and second only in importance to the bill mandating Shall-Issue carry permits, the bill contains a very strong state preemption clause. It prohibits any home rule unit from regulating the possession, carrying, or transportion of firearms. The only exception is that local governments can post buildings owned by them against carry. In addition, no home rule unit can regulate the number of handguns owned or require the registration possessed by a person under the act. Violation of Section 95 brings a $10,000 per day per individual affected punitive fine.

This is a very strong shall-issue law with reasonable costs and reasonable training requirements. The prohibited areas are similar to many other shall-issue states. The preemption clause is a critical component of this bill as it prevents the City of Chicago from setting their own draconian regulations. You can expect that Mayor Rahm Emanuel and the Chicago legislators under his sway will fight this part of the bill tooth and nail. In conclusion, I think Rep. Brandon Phelps – a Democrat, mind you – should be congratulated for drafting and introducing a good bill. For the sake of the people of the State of Illinois, I hope it passes.

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Steyr L-Series Pistol

January 29, 2013 by 1 Comment

I have always been intrigued by the Steyr pistols due to their low bore axis as well as their fairly smooth – for a striker-fired pistol – triggers. They have now launched the new L Series which is a full size service pistol available in 9mm and .40 S&W.

In the video below from Tactical Life, you can see some of the details of this new pistol. The only thing that I object to is the keyed lock on the slide. Checking the M and S Series, I see they both have it. It seems to me to be superfluous and just one more thing to break.

STEYR PISTOL L-A1 Technical Data

Technical Data STEYR PISTOL L-A1
Length x Height x Width
188 mm x 136 mm x 30 mm
Weight (without ammunition)
appr. 810g
Barrel length
102 mm (4″)
Calibers
9×19, .40 S&W (9×21 on request)
Magazine Capacity
9×19 and 9×21: 15 cartridges
.40 S&W: 12 cartridges
Grip
Synethetic balck
Trigger way
4,0 mm (app. 0,2″) (constantly)
Sights
triangular / trapezoid shape
Extras
rectangular sights with or without  Trilux, match sights
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What’s Banned In New York

January 29, 2013 by 4 Comments

The office of Gov. Andrew Cuomo (D-NY) has provided a graphic summary of what rifle features are now banned under NYSafe. That is the draconian law pushed through so quickly that even law enforcement if prohibited from having more than 7 rounds in their magazines. NY(un)Safe stands for Secure Ammunition and Firearms Enforcement Act.

As you look through the pages of the graphic you need to ask yourself how the absence of a bayonet lug or a muzzle break will make the people of New York State any safer. The obvious answer is that it won’t.

NY State – Banned Rifle Features by

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Hear, Hear, Mr. Ong!

January 29, 2013 by

Henson Ong is an immigrant to the United States. Yesterday he testified before the Connecticut legislature’s Gun Violence Prevention Public Hearing. Listening to his testimony, it quickly becomes evident that Mr. Ong has a better understanding of and a better appreciation for the Constitution than many sitting on the panel. He certainly has more of an appreciation for it than do those in the gun prohibitionist community who would seek to do away with the Second Amendment and to deny First Amendment rights to their opponents.

As Mr. Ong noted to the panel, if gun control actually worked, then Chicago and Washington, DC would be the safest cities in America – which they aren’t.

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CCRKBA On Rahmbo’s Strong Arm Attempt

January 29, 2013 by

Mayor Rahm Emanuel of Chicago is trying to use the “Chicago Way” to hurt firearms manufacturers. He has “suggested” to Bank of America and TD Bank that that should end lending to Sturm, Ruger and Smith & Wesson. Like most, the Citizens Committee for the Right to Keep and Bear Arms is taking a dim view of this.

RAHM EMANUEL USING COERCION AGAINST BANKS AND GUN MAKERS, SAYS CCRKBA

BELLEVUE, WA – Anti-gun Chicago Mayor Rahm Emanuel is taking his demagoguery to a new level by attempting to coerce banks into refusing service to firearms manufacturers, the Citizens Committee for the Right to Keep and Bear Arms said today.

CBS News in Chicago reported that Emanuel was pressuring two major banks, identified as Bank of America and TD Bank, to stop lines of credit to Smith & Wesson and Sturm, Ruger, two of the largest gun makers in the industry. In letters to bank executives, Emanuel reportedly said he wanted to send a message to gun makers that they must buckle under to gun control measures being pushed by the Obama administration.

“This is outrageous,” said CCRKBA Chairman Alan Gottlieb. “Mayor Emanuel is acting like a Chicago gangster instead of a public servant, and we are very concerned that there might be legal ramifications. How dare the mayor engage in this kind of anti-gun lobbying effort, trying to cut off operating capital to a pair of perfectly legal companies that happen to be engaged in perhaps the most heavily-regulated business in the country.

“Gun owners and people who believe in the Bill of Rights should stop giving Chicago a line of credit by purchasing municipal bonds,” he added. “Rahm wants to send a message, and the nation should send him a reply.

“Mayor Emanuel is allegedly contending that lines of credit should dry up unless Smith & Wesson and Sturm, Ruger submit to operating their businesses the way anti-gunners demand,” Gottlieb continued. “That conduct seems more in the realm of a street thug than a political leader, but then, again, we’re talking about a mayor who presides over a city with Draconian gun laws and a murder rate rivaling a Third World country.

Emanuel is a career anti-gunner who served in both the Clinton and Obama administrations, typically as point man on some kind of gun control effort.

“Mayor Emanuel seems to be under the illusion that he can force banks to act as his surrogates in an unrelenting campaign to crush the firearms industry and erase the Second Amendment,” Gottlieb said. “This is insidious and we hope the banks recognize it for the kind of below-the-belt political chicanery for which Chicago politicians have become famous. No wonder they sometimes refer to him as ‘The Godfather’.

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The Next Round Of Congressional Legislation

January 28, 2013 by 1 Comment

Certain congressmen and senators have been busy introducing new legislation that may impact gun rights. A number of bills dealing with school safety have also been introduced and I’m including them in this list until such time as the text of the bill becomes available. Never forget that deceptively named bills can cause immense problems for gun owners.

House of Representatives

HR.359 – Rep. Robert “Bobby” Scott (D-VA)
Co-Sponsors:
Rep Cummings, Elijah E. [D-MD] – 1/23/2013
Rep Wolf, Frank R. [R-VA] – 1/23/2013
To establish and operate a National Center for Campus Public Safety.
Referred to the House Judiciary Committee

HR.404 – Rep. Adam Schiff (D-CA)
Co-Sponsors:
Rep Davis, Danny K. [D-IL] – 1/23/2013
Rep DeLauro, Rosa L. [D-CT] – 1/23/2013
Rep Lee, Barbara [D-CA] – 1/23/2013
Rep Meeks, Gregory W. [D-NY] – 1/23/2013
Rep Moran, James P. [D-VA] – 1/23/2013
Rep Norton, Eleanor Holmes [D-DC] – 1/23/2013
Rep Pierluisi, Pedro R. [D-PR] – 1/23/2013
Rep Sherman, Brad [D-CA] – 1/23/2013
Rep Slaughter, Louise McIntosh [D-NY] – 1/23/2013
Rep Takano, Mark [D-CA] – 1/23/2013
To enhance criminal penalties for straw purchasers of firearms.
Referred to the House Judiciary Committee

HR.410 – Rep. Steve Stockman (R-CA)
Restore the Constitution Act of 2013 (To provide that any executive action infringing on the Second Amendment has no force or effect, and to prohibit the use of funds for certain purposes.
)
Referred to the House Judiciary Committee

HR.427 – Rep. Mike Quigley (D-IL)
Co-Sponsors:
Rep Chu, Judy [D-CA] – 1/25/2013
Rep Deutch, Theodore E. [D-FL] – 1/25/2013
Rep Grijalva, Raul M. [D-AZ] – 1/25/2013
Rep Lee, Barbara [D-CA] – 1/25/2013
Rep Moran, James P. [D-VA] – 1/25/2013
Rep Norton, Eleanor Holmes [D-DC] – 1/25/2013
To prevent the illegal sale of firearms, and for other purposes.
Referred to the House Judiciary Committee

HR.431 – Rep. Jackie Speier (D-CA)
Co-Sponsors:
Rep Bishop, Timothy H. [D-NY] – 1/25/2013
Rep Bonamici, Suzanne [D-OR] – 1/25/2013
Rep Cicilline, David N. [D-RI] – 1/25/2013
Rep Clarke, Yvette D. [D-NY] – 1/25/2013
Rep Conyers, John, Jr. [D-MI] – 1/25/2013
Rep Ellison, Keith [D-MN] – 1/25/2013
Rep Farr, Sam [D-CA] – 1/25/2013
Rep Grijalva, Raul M. [D-AZ] – 1/25/2013
Rep Holt, Rush [D-NJ] – 1/25/2013
Rep Matsui, Doris O. [D-CA] – 1/25/2013
Rep Meeks, Gregory W. [D-NY] – 1/25/2013
Rep Norton, Eleanor Holmes [D-DC] – 1/25/2013
Rep Pingree, Chellie [D-ME] – 1/25/2013
Rep Schakowsky, Janice D. [D-IL] – 1/25/2013
Rep Schwartz, Allyson Y. [D-PA] – 1/25/2013
Rep Slaughter, Louise McIntosh [D-NY] – 1/25/2013
Rep Van Hollen, Chris [D-MD] – 1/25/2013
To restore certain authorities of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to administer the firearms laws, and for other purposes.
Referred to the House Judiciary Committee

Senate

S.129 – Sen. Sheldon Whitehouse (D-RI)
A bill to save money and reduce tragedies through prevention grants.
Referred to the Senate Judiciary Committee

S.134 – Sen John D. Rockefeller IV (D-WV)
Co-Sponsors:
Sen Blumenthal, Richard [D-CT] – 1/24/2013
Sen Coburn, Tom [R-OK] – 1/24/2013
Sen Heller, Dean [D-NV] – 1/24/2013
Sen Johanns, Mike [R-NE] – 1/24/2013
A bill to arrange for the National Academy of Sciences to study the impact of violent video games and violent video programming on children.
Referred to the Senate Committee on Commerce, Science, and Transportation

S.145 – Sen. Barbara Boxer (D-CA)
A bill to amend title 32, United States Code, to authorize National Guard support for State and local efforts to keep schools safe from violence, and for other purposes.Referred to Senate Committee on Armed Services

S.146 – Sen. Barbara Boxer (D-CA)
A bill to enhance the safety of America’s schools.Referred to Senate Judiciary Committee

S.147 – Sen. Barbara Boxer (D-CA)
A bill to establish minimum standards for States that allow the carrying of concealed firearms.Referred to Senate Judiciary Committee

S.148 – Sen. Barbara Boxer (D-CA)
A bill to safeguard America’s schools by using community policing strategies to prevent school violence and improve student and school safety.Referred to Senate Judiciary Committee

S.150 – Sen. Dianne Feinstein (D-CA)
See this post for more information on this bill.

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A Short And To The Point Letter To Send To Congress

January 28, 2013 by 1 Comment

I have been asking people to share letters that they have used to tell Congress no new gun control. The following letter was sent to me by Brent. It is short, sweet, and to the point. I think this one would be suitable for email, faxes, or letter sent in the mail. I would send this letter to both my congressman and both senators.


California Senator Feinstein is once again pushing for a ban on so called “Assault Weapons”.

This is a thinly veiled attack on all private gun ownership. Her own publications make it clear that her proposal is not about the features of the firearms, but instead is about removing as many firearms as possible from private ownership, despite the Right to Keep and Bear Arms.

Please help support the law abiding gun owners of (insert your state) and the United States by just saying “NO!” to all gun and magazine ban or registration proposals.

The NRA-ILA has a “write your reps” address locator. It can be found here. Either way, write them, call them, AND fax them. Moreover, do it like voting in Chicago – early and often.