Federal appeals court orders state legislators to pass concealed-carry law

Published: December 11, 2012 

A federal appeals court ruled Tuesday that Illinois legislators have 180 days to enact a law that allows Illinoisans to carry concealed weapons.

The 7th Circuit Court of Appeals in Chicago struck down Illinois' ban on concealed-carry of weapons. The court stated in its ruling that the Second Amendment "confers a right to bear arms for self-defense, which is as important outside the home as inside."

The court gave state lawmakers 180 days to enact a law for concealed-carry: "Nevertheless we order our mandate stayed for 180 days to allow the Illinois legislature to craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public."

Southern Illinois legislators have been trying for years to pass a concealed-carry law, but have been outnumbered by Chicago-area opponents. State Rep. Jerry Costello II, D-Smithton, who is a chief co-sponsor of a current concealed-carry bill, said Tuesday morning he was delighted to learn of the ruling.

"Obviously the Second Amendment is a right of every American citizen, and I will be glad to see the day when law-abiding citizens of the state of Illinois have the right to carry a weapon to protect themselves, just like the other 49 states of our country," Costello said.

Illinois is the only state that doesn't allow some form of concealed-carry.

Rep. Brandon Phelps, D-Harrisburg, authored the concealed-carry bill that came within three votes of passing in 2011.

"I said on the floor, 'A lot of people who voted against this, one of these days, you're going to wish you did, because of all the limitations and the safety precautions we put in this bill, because one of these days, the court's going to rule and you're not going to like the ruling.' Today's the day."

"The court's pretty much said there's no restrictions," Phelps said.

Proponents of concealed-carry had been offering to include various restrictions in the legislation, such as limits on where a gun could be carried and strict requirements for getting a carry permit. Now, with a court ordering the passage of a law, gun proponents have the upper hand, and they're likely to scale back their offers on restrictions.

Here's why: If the legislature doesn't come up with a new concealed-carry law, the effect would be that there's no law restricting it -- anyone with a Firearm Owners Identification Card could carry a concealed weapon or walk down the street carrying an AR-15.

Sen. Bill Haine, D-Alton, applauded the ruling and said a person's Second Amendment rights "do not stop at one's doorstep." Haine said he'll work to "ensure that the concealed-carry bill enshrines the constitutionally-protected liberties of lawful citizens while making sure responsible limits are in place, such as forbidding criminals from obtaining carry permits."

Todd Vandermyde, an Illinois lobbyist for the National Rifle Association, declared victory Tuesday.

"The debate is over. We won. And there will be a statewide carry law in 2013," Vandermyde told the Chicago Sun-Times.

Mark Owensby, a retired Illinois State Police trooper and owner of Rampart Range, a shooting range in Pocahontas, expects to see a big demand from Illinois residents who want to get a concealed-carry permit. His range already offers a certification class that allows participants to get a Florida concealed-carry permit, which is valid in 31 states.

"I have a large amount of people who take it every month," Owensby said. "Whenever concealed-carry comes up in the news, I get dozens of people calling and coming in, saying 'put me on a list'" for a concealed-carry certification course.

Amy King, an owner of Metro Shooting Supplies in Belleville, said her business also has a large volume of customers who go there to get a Florida concealed-carry permit. An Illinois concealed-carry permit would be even more attractive for an Illinois resident, she said.

"Oh, huge demand. We have people all the time, Illinois residents, who are taking classes for Florida concealed-carry licenses so they can carry in other states," King said. "It's a great day for the people of Illinois."

Owensby said concealed-carrying of weapons won't lead to more crime.

"If that were the case, you guys and whatever other media out there would make an issue about it, and I don't think we've seen that," he said.

Jim Hummert, a former Clinton County deputy sheriff and Breese police chief who now owns the JDRA Shooting Systems gun shop in Breese, agreed.

"It's definitely a crime deterrent," Hummert said. "Bad guys don't have FOID cards, and they don't buy guns legally. This is one for the good guys."

Owensby noted that in some Illinois counties, including Bond, where his business is located, voters have approved non-binding referendums on allowing concealed-carry.

"It's about time our elected officials did what our citizens want," Owensby said.

A spokeswoman for Gov. Pat Quinn said he is reviewing the ruling. Quinn has favored strict gun-control laws and earlier this year proposed a ban on certain types of guns, which he referred to as "assault" weapons. The proposal failed in the legislature.

Illinois Attorney General Lisa Madigan defended the state's concealed-carry ban in the federal appeals court. Her office did not have an immediate comment on the ruling.

The ruling stems from a lawsuit filed by former corrections officer Michael Moore, of Champaign, farmer Charles Hooks, of Percy in Randolph County, and the Bellevue, Wash.-based Second Amendment Foundation.

The court found that Second Amendment rights to keep and bear arms aren't limited to the inside of a person's home.

The court's ruling states: "And one doesn't have to be a historian to realize that a right to keep and bear arms for personal self-defense in the eighteenth century could not rationally have been limited to the home. Suppose one lived in what was then the wild west ... where there were hostile Indians. One would need from time to time to leave one's home to obtain supplies from the nearest trading post, and en route one would be as much (probably more) at risk if unarmed as one would be in one's home unarmed."

Contact reporter Brian Brueggemann at bbrueggemann@bnd.com or 239-2511.

Contact reporter Brian Brueggemann at bbrueggemann@bnd.com or 239-2511.

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