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Old June 1, 2013, 08:51 PM   #100
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Join Date: June 18, 2012
Posts: 389
Well, since they all messed around until the very last moment to pass a carry law, I don't think counsel for the state or the city of Chicago had time to review statute. There seems to be a huge grey area now on what people do if they have to go through some areas that prohibit carry. There is a provision for unloading and storing your firearm in a vehicle - but nothing for people who are on foot or riding a bike, or something similar.

If you are leave your home and walk down to the street - and you have a permit, you're allowed to carry concealed. However if you're going to the public transportation train station - you have to go from carrying to transporting
-not immediately accessible; or unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner’s Identification Card.
I don't see anything in the legislation that allows pedestrians to go from loaded & holstered to stowed in a container. It seems to me that if people start unloading their guns at bus stops and train stations they are going to catch a brandishing charge from the city. If that is the case - it once again sets up a condition where Illinois citizens are prohibited from carrying. If a person is going from point A where it is legal to carry to point B where it is legal to carry, but the law prohibits them either from carrying on public transportation or stowing their firearms it would be unconstitutional. I guess the state could make the argument that people don't have to take public transportation - they could walk all the way or take a cab... But the same issue arises for a doctor, nurse or a librarian walking or riding a bike to work. It will be interesting.

I think it's a very fertile field now for litigation. I don't think they are going to be cases of national import, but I think that a lot of the concessions that Chicago thinks it won may fall apart in court if proponents are able to develop more case law around what they call "container carry." To gun control activists and gun control politicians, there is no difference between concealed carry in a holster or transporting a firearm in a fanny pack - to them it's someone carrying a gun.
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