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Old September 13, 2013, 07:51 AM   #14
Jim March
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Join Date: February 14, 1999
Location: Pittsburg, CA, USA
Posts: 7,417
Big discussion thread here:

http://illinoiscarry.com/forum/index...pic=41252&st=0

Quick takeaways:

* The various county prosecutors appear to be huddled in meetings in a panic and are not, so far, responding to the public. Even the ones that normally DO talk to people.

* The best guess from educated lay-folk on the ground is, the IL Supremes judged the law unconstitutional as it existed a couple of years ago. The decision also notes that the situation has changed and specifically doesn't rule on the constitutionality of the current situation.

* Put another way, "X was unconstitutional but we're not ruling on X+Y" where "Y" is the alteration (read: new law) that creates a concealed carry permit. So this is NOT a situation where the text of the old law is struck, even though it's declared unconstitutional, because it no longer has the same meaning today ("total carry ban") now that a carry system has been stuck on top of it.

* Put yet another way: the new law wasn't written to strike or change a single word of the existing law. It simply added the CCW system on top and says "now that this exists there IS a way to carry (when permits are available of course!) there is now a valid exception to the "total carry ban" that was previously described".

* Sigh

* But wait, there's more!

* People over the age of 21 and committed a "pure carry crime" (no other crimes going on at the same time!) who were either a visitor to the state or the holder of a valid FOID card can probably go back and get their conviction struck. And since the conviction violated their civil rights they may be able to get payback. To quote George Takei: OH...MY!

* This ruling DOES express a strong personal civil right to defense outside the home. This right exists right now. Is it being violated by the current non-existence of permits because they ain't set up yet? Probably! Does that mean pack right now? Well you'll get to find out whether or not the lower courts find that unconstitutional and let you skate. Nobody knows. County prosecutors are freaking the hell out trying to figure out what to do. Expect variances in policies!

* Does this ruling also impact the sky-high permit fees and extreme restrictions such as "no bus carry" (clearly aimed at the economic class that rides busses)? No idea.

* Does this ruling mean we can sue for no-cost open carry? Who knows!

* What is the effect on visitors from out of state who have a CCW permit from their own state? Unknown.

* Will this ruling get cited in the Woolard appeal to the Nine Robes In DC? I hope so.

That's about all I've been able to glean from any source yet.
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Last edited by Jim March; September 13, 2013 at 07:57 AM.
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