An Update In The Mishaga Case

The Mishaga case (originally Mishaga v. Monken but now Mishaga v. Grau et al) is a challenge to the State of Illinois’ restrictions as to who may have a Firearms Owner ID (FOID) card. The case involves a resident of Ohio who often visits friends in Illinois and wants to be legally armed in their home while there for self-protection. The convoluted nature of Illinois firearms law makes it both illegal for her to be armed without a FOID card and for her to obtain a FOID card.

The case was brought in the US District Court for the Central District of Illinois back in July 2010 by the Mountain States Legal Foundation on behalf of Ellen Mishaga. After a flurry of activity in the case in late 2010 and in 2011, the case has lain dormant despite being fully briefed. This past Friday attorney Jim Manley who represents Ms. Mishaga filed a Plaintiff’s Second Notice of Supplemental Authority.

This notice makes reference to the recently passed HB 183 which now provides for concealed carry permits in Illinois for both residents and non-residents. The possession of a FOID card is not required for a non-resident to obtain a non-resident concealed carry permit.

Defendents’ argument that there is substantial reason to discriminate against nonresidents who apply for a FOID is eviscerated by this statutory change. See Pl’s Mot. for Summ. J. at 15-18. There is no rational justification for issuing a permit to “carry a loaded…concealed firearm,” to nonresidents, 430 ILCS 66/10(c), yet at the same time deny nonresidents a FOID – and thereby deny the right to possess a functional firearm only in a home. Accordingly, the de facto residency requirement imposed by 430 ILCS 65/4(a-5) and the explicit residency requirement at 430 ILCS 65/4(a)(2)(xiv) and 430 ILCS 65/8(q) are unconstitutional.

The Second Notice concludes that the FOID Act residency requirement is a “fixed harm” that inflicts “irreparable injury.

The passage of HB 183 may be the catalyst to finally move this case to a favorable conclusion. After all this time, one could only hope so.

Quinn’s Veto Overriden In The Illinois General Assembly

Gov. Pat Quinn’s amendatory veto of HB 183 was overriden in the Illinois House today on a vote of 77 for and 31 against. It now goes to the Illinois Senate where Sen. Gary Forby (D-Marion) has introduced a motion to override the veto.

Today is the day that the stay issued by the 7th Circuit Court of Appeals in the joint cases of Shepard v. Madigan and Moore v. Madigan expires.

UPDATE: Interestingly enough, the Illinois State Police is prepared for the bill’s passage. It has up a  FAQ page on concealed carry permits including the cost of permits and the qualifications to obtain a permit.

UPDATE II: Both houses of the Illinois General Assembly overrode Gov. Pat Quinn’s amendatory veto. The Senate vote was 41 to 17.

The State of Illinois now has concealed carry. While it will take a while to get things up and running, the state does have concealed carry.

Latest Round Of Municipal Meeting To Ban Guns In Illinois

The Illinois State Rifle Association has posted their updated list of cities and towns in Illinois seeking to ban guns. Assuming that the Illinois General Assembly overrides Gov. Pat Quinn’s amendatory veto of HB 183, they have 10 days to have their gun bans in place. The override is on the calendar and the General Assembly is expected to take it up this coming week.

The order staying the ruling in Shepard v. Madigan and Moore v. Madigan expires on Tuesday. The 7th Circuit Court of Appeals has stated there will be no more extensions of their stay. Attorney General Lisa Madigan does have until July 22nd to file an appeal of the Court’s ruling. An override would, it is my understanding, moot those cases and any chance of overturning it on appeal.

From ISRA:


As you know, Bloomberg has teamed up with Emanuel and Quinn to impose gun ban and confiscation schemes across Illinois. But, time is running out on Bloomberg and the gun grabbers. More localities are looking to pass gun bans and confiscations before the deadline comes.

If you think it is OK for the Mayor of New York to tell you what kinds of firearms you may own and which you may not, then just sit back and do nothing.

On the other hand, if you value your freedom… if you value your gun rights, here is what you need to do:

1. No matter where you live, plan to be at one of the meetings listed below. Be sure to bring a friend or two along with you.

2. Wear IGOLD or NRA hats and/or teeshirts.

3. Be prepared to vigorously defend your rights.

4. If you see media there, approach them and tell them that you are a law-abiding Illinois firearm owner and that you do not support gun bans.

5. Be sure to get to the meeting site at least 45 minutes early so you will get a seat. We need to make our voices heard.

6. Pass this alert on to you friends and family and tell them to attend meetings too.

7. Post this to all forums to which you belong.

Again, the question to you is, “Do you want Mayor Bloomberg telling you what guns you may own?”

What: Evanston City Council – Agenda Packet (p11) – Up for vote
Where: 2100 Ridge Ave Evanston 60201
When: Monday, July 8, 7:15 pm

What: Country Club Hills City Council Meeting – Agenda – Up for vote
Where: 4200 W. Main St. Country Club Hills 60478
When: Monday, July 8, 7:00 pm

What: Western Springs Village Board Meeting – Agenda – Up for vote
Where: 740 Hillgrove Ave, Western Springs 60558
When: Monday, July 8, 7:00 pm

What: Park Ridge Committee Meeting – CCW and AWB Memo
Where: 505 Butler Place, Park Ridge, 60068
When: Monday, July 8, 7:00 pm

What: Berwyn Committee Meeting – COW Agenda – Gun Ban Discussion
Where: City Hall, 6700 26th Street
When: Tuesday, July 9, 6:00 pm

What: Hillcrest Village Board Meeting – Agenda not published yet – up for vote
Where: 204 Hillcrest Avenue 61068
When: Wednesday, July 10, 7:00 pm

For status of previous meetings, other meeting times, talking points against semi-auto bans, copies of proposed ordinances, links to other resources; please visit .

Gun Prohibitionists Waste No Time In Illinois

The gun prohibitionists were out in force yesterday in Illinois in support of Gov. Pat Quinn’s amendatory veto of HB 183. Perhaps the leading gun prohibitionists group in the state is the Illinois Council Against Handgun Violence (sic) led by Colleen Daley. (I don’t know if she is related to Richard and Bill Daley or not). Gov. Quinn featured them prominently in his little soiree’ announcing his amendatory veto.

Daley and ICHV wasted no time in getting out a plea to their supporters along with a a chance to donate to their efforts. This tells me that the grassroots will be vitally important in getting the veto overridden. Our side knows it and so do the gun prohibitionist forces.

Dear Friend,

Today, Governor Pat Quinn stood with community leaders and concerned citizens as he announced his amendatory veto of HB 183, the Concealed Carry legislation that passed in the waning hours of the Spring Session of the General Assembly.

The Governor heard our concerns and made changes that make public safety a top priority!

The Amendatory Veto recognizes that guns and alcohol do not mix and bans guns in any place the serves alcohol. It also requires businesses to opt-in as opposed to opt-out if they would like guns in their establishment, it limits a license holder to carrying ONE gun and ONE magazine that can hold no more than 10 rounds, and removes the provision restricting home rule municipalities regulation of assault weapons.

To read the Governor’s changes click here.

The General Assembly is scheduled to meet on Tuesday, July 9th to deal with the amendatory veto. Representative Brandon Phelps, the sponsor of the bill has already filed a motion to override the Governor’s veto. Please call you legislators now and ask them to vote “NO” on the override attempt. Tell them you stand with Governor Quinn and support his amendatory veto of HB 183!

To find your legislators click here

The Governor has also created a website to make it easy for people to review the changes he has proposed. Visit the site by clicking here.

Call now and stand for common sense gun laws.

In Peace,

Colleen Daley

Executive Director

Here are Daley’s comments from yesterday. You will note she was the first speaker after Gov. Quinn finished his announcement of the amendatory veto.

ISRA On Quinn’s Amendatory Veto

The Illinois State Rifle Association is taking a dim view of Gov. Pat Quinn’s amendatory veto of HB 183 which provides for that state’s concealed carry. They are asking people who live in Illinois to contact their legislators and ask them to vote to override the amendatory veto. Given that the bill was passed in both houses of the Illinois General Assembly by veto-proof majorities, it is essential that those who voted for the initial bill vote continue to vote to override.

From ISRA Alert:


As many of you know by now, Governor Quinn today issued an amendatory veto of HB0183, otherwise known as Concealed Carry. In issuing his veto, Quinn renders HB0183 essentially worthless from a self-defense perspective.

Under Quinn’s amendments to the bill, most public locations would be “off limits” for concealed carry. Furthermore, firearms would have to be carried in a closed container out of the view of the public. Making concealed carry even more impractical is Quinn’s restriction limiting licensees to one firearm and no more than 10 rounds of ammunition.

Quinn’s amendatory veto contains a whole host of other restrictions that are aimed not only at hindering concealed carry, but also at suppressing the citizen’s right to keep and bear arms in general.

Although Quinn claims his veto is in the interest of public safety, the truth of the matter is that Quinn is using HB0183 as a vehicle to punish firearm owners. Quinn’s motives were made abundantly clear by his decision to surround himself with anti-gun extremists as he announced his veto. Quinn even stood side by side with Fr. Michael Pfleger, the Catholic priest who has openly called for gun shop owners and pro-gun elected officials to be dragged into the streets and murdered.

The bottom line is this: if Quinn’s amendatory veto of HB0183 is not overturned, law-abiding gun owners will have fewer rights than they had before HB0183 was even drafted. Yes, that’s right; HB0183 has been transformed into a gun control bill.


1. Immediately phone your State Representative AND your State Senator and politely tell the person who answers the phone that you are a law abiding firearm owner who wishes to see Governor Quinn’s amendatory veto of HB0183 overturned. Phone lines will be busy, but keep trying until you get through. If you do not know who your Senator or Representative is, the Illinois State Board of Elections has an interactive search page here:

If you know who your state legislators are, you can find their contact info here: and .

2. Pass this alert on to your friends and family and ask them to call too.

3. Post this Alert to any and all Internet blogs or bulletin boards to which you belong.

4. Take the time to sign up a new ISRA member. ISRA needs the continued support of Illinois gun owners.

If you remain silent, you are giving Quinn tacit approval of his gun control folly.

Amendatory Veto Expected In Illinois (Updated)

Gov. Pat Quinn (D-IL) is expected to issue an amendatory veto of the Illinois carry bill HB 183. Looking at the LiveStream of the event which starts at 11am CDT, it is packed with little kids holding “Moms Demand Action” posters and other anti-gun propaganda.

On the forum, Todd Vandermyde has posted his expectations of what the amendatory veto will contain. They include:

The Governor is rumored to be making several changes to the bill which would include:

  • · Limiting individuals to carrying a single handgun with a single magazine and no more than 10 rounds of ammo.
  • · Changing the definition to where the handgun must be completely concealed as opposed to concealed or mostly concealed
  • · Banning carry in any place that serves alcohol except private clubs and residence. This would nullify the restaurant carry provisions of the bill.
  • · Inverting the no carry posting to make carry permissible only in places that post it is OK to carry a concealed firearm
  • · Allowing employers to ban firearms on their property and negate the safe harbor provisions.
  • · Remove the ability of individuals to get out of their vehicle and store their handguns in the trunk of their vehicle

Look for the Legislature to move to override the veto when they come back the 8th or 9th.

 Rep. Brandon Phelps (D-Harrisburg) expects the veto to be overridden.

State Rep. Brandon Phelps, a Harrisburg Democrat, said the governor’s office told him Quinn will sign an amended bill Tuesday — seven days before a July 9 deadline to legalize carry of weapons after a federal appeals court found Illinois’ last-in-the-nation ban unconstitutional.

Phelps said he was not told what will be changed but said he likely would try to override any amendments to the hard-won compromise.

 I’ll have more as it is announced.

UPDATE:  As expected, Quinn issued an amendatory veto of  HB 183. He noted that he still objects to the decision of the 7th Circuit Court of Appeals in Shepard v. Madigan and Moore v. Madigan.

Quinn said that HB 183 has “serious flaws” and that he is proposing some “commonsense” revisions under his power to issue an amendatory veto. They include most of what Todd Vandermyde had said would be coming.

They are in order from my notes:

  1. Ban on carry in bars and restaurants that serve alcohol
  2. The bill’s limits on home rule regarding “assault weapons” (sic) would be removed. corrected
  3. Changes the posting requirement from requiring business owners to post if carry is banned to one in which they would post if allowed.
  4. Employers can ban firearms in employee cars in their parking lots.
  5. A concealed carry permit holder would be restricted to one firearms with one 10-round (maximum) magazine.
  6. Would mandate that the Illinois State Police have more access to mental health records to prevent those who with a “clear and present danger” of having a permit.
  7. Absolute concealment is required.
  8. The Concealed Carry Licensing Review Board would be subject to both the Open Meetings Act and the state’s Freedom of Information Act.
  9. Would require immediate disclosure to law enforcement if you are carrying concealed.

Quinn blamed the “errors” in the bill on the “hurried” process which was the fault of the National Rifle Association.

Quinn’s letter to the legislature announcing his amendatory veto is found here.

He announced a new state funded website called Keep Illinois Safe which will have more information on his veto. The website is now live and it can be found here.

The rest of the news conference consists of gun prohibitionists prattling on about “gun violence” (sic) and I have stopped watching.

UPDATE II: The full text of Quinn’s amendatory veto including the actual changes is now on the General Assembly’s website. It is located here. The bill has now been placed on the House calendar.

UPDATE III: Reaction from the Democrats in the Illinois State Senate on the Illinois Senate Democrats webpage to the amendatory veto is uniformly critical of Quinn. I am actually surprised at this uniformity but note that Cook County senators have not yet been heard from.

Senator Tom Cullerton (D-Villa Park) “I am disappointed—but not surprised—Governor Quinn waited so long to veto concealed carry while he tried to score political points. Even though he has put lawmakers in a difficult position, I am optimistic that we will be able to override his veto and finally get a law on the books.”

Senator Bill Haine (D-Alton) “I would hope that we quickly get this matter before the General Assembly and have an opportunity to override the veto, allowing the State Police to begin the conceal carry process for trained, law-abiding citizens.”

Senator Mike Jacobs (D-Moline) “I recently signed a letter with my colleagues asking Governor Pat Quinn to act on House Bill 183. I am disappointed in the governor’s action to veto the bipartisan concealed-carry measure passed by the General Assembly in May. We need a concealed-carry law that applies to all gun owners equally, regardless of where you live.”

Senator John Sullivan (D-Rushville) “I’m disappointed but not surprised with the governor’s actions today on the concealed carry legislation. He has ignored the will of the people, the courts and the General Assembly. I will work strenuously to see that the veto is overridden so Illinois, even though last to do so, will finally allow concealed carry.”

 UPDATE IV: Rep. Brandon Phelps (D-Harrisburg) has filed a motion in the House to override Gov. Quinn’s amendatory veto.