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Old December 12, 2012, 11:47 PM   #271
Webleymkv
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Join Date: July 20, 2005
Location: Indiana
Posts: 9,902
Quote:
I don't think very many people understand what constitutional carry will look like in Illinois.

The laws that the ISRA was trying to pass previously (HB148 & HB 5745) would override local ordinances.

Granted that municipal ordinances are misdemeanors, but still, the state is a patchwork of all sorts of different laws from city to city and constitutional carry wouldn't do anything to stop that.

In 180 days - if they didn't either appeal or pass a carry law - you could carry without worrying about being arrested under lllinois AUUW/UUW law, but you could be arrested in some cities for violating a city's "no firearm in a vehicle" ordinance, (or something similar) and have to pay $75, give up your firearm, and all that... and yes each individual law can be challenged. But I don't think the NRA wants constitutional carry and having to deal with a mess like that.

They want a state law that provides uniformity concerning the carrying of a firearm - for the whole state.
I'm not so sure it would be quite that bad. If, per this decision, an outright ban at the state level on carry outside the home is unconstitutional and, per McDonald, the Second Amendment not only applies to the Federal Government but is also incorporated against states and municipalities via the Due Process Clause of the Fourteenth Amendment, then it seems to me that an outright ban at the municipal level would also be just as unconstitutional as the state-level ban.

You are, however, correct in that because IL has no pre-emption law that municipalities could throw up extra hurdles of their own short of a total ban such as extra training requirements, a special permit for the particular municipality, or mandating either OC or CC within said municipality, but the situation still wouldn't be all that much worse than trying to legally transport an unloaded firearm through said municipalities now.

It seems to me that the $64,000 question here is whether the pro-CC legislators view California-style may-issue as better or worse than Constitutional Carry. If they think that Constitutional Carry is still better than May-Issue, then it could become their trump card against the anti-CC legislators. Given the comments that I've read from pro-CC IL legislators, it seems as though what I just described is the strategy: "Either do permits shall-issue or live with no permits at all."
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