With Illinois concealed gun ban struck down, some say 'Fight on'
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| Chicago
Now that Illinois鈥 last-in-the-nation prohibition on carrying concealed weapons has been struck down, lawmakers in Springfield are faced with figuring out the details of where, when, and who can carry a concealed weapon in the state even as some advocate fighting the decision all the way up to the Supreme Court.
The 7th US Circuit Court of Appeals struck down the state's prohibition as unconstitutional on Tuesday. In his decision, Judge Richard Posner wrote that there is legal precedence for maintaining that gun use outside the home is warranted for self-defense.
鈥淭wenty-first century Illinois has no hostile Indians,鈥 he wrote. 鈥淏ut a Chicagoan is a good deal more likely to be attacked on a sidewalk in a rough neighborhood than in his apartment on the 35th floor of the Park Tower. A woman who is being stalked 鈥 is more vulnerable to being attacked while walking to or from her home than when inside.鈥
The court gave Illinois 180 days to revise its gun law to allow the carrying of guns in public.
Maura Possley, press secretary for Illinois Attorney General Lisa Madigan, says the 鈥渢ime period allows our office to review what legal steps can be taken and enables the legislature to consider whether it wants to take action.鈥
Already, there are calls for Attorney General Madigan to appeal the decision to the Supreme Court. Some Chicago aldermen, fearing that overturning the ban will contribute to the city鈥檚 rising homicide rate, suggested that the city has the power to ban or restrict the use of concealed weapons within city limits. That tactic could be a long shot, however, considering that the city failed to get the Supreme Court to uphold its longstanding handgun ban, which the court declared unconstitutional in 2010.
On Wednesday, Chicago Mayor Rahm Emanuel told reporters he pledged to make available legal resources from the city鈥檚 law and police department to Ms. Madigan鈥檚 team in reviewing options in making a possible appeal to the court ruling he described as 鈥渨rongheaded.鈥
Proponents for gun rights and stricter gun regulation are likely to battle over the next six months as lawmakers draft the state鈥檚 new gun law, which will determine the process for obtaining conceal carry permits, establish where gun owners are not allowed to carry weapons, and create restrictions on who can carry a concealed weapon based on criminal or mental health histories.
States vary widely on all these details. For example, while most states do not allow concealed weapons in churches, or other houses of worship, it is allowed by a handful of states, including Texas, unless the institution posts a sign saying they are banned. In Wisconsin, gun owners are allowed to carry their weapons into taverns, but not if they are drinking alcohol. Some states honor permits only for their residents while others honor those of both residents and nonresidents.
鈥淭here are huge differences鈥 in state law, says Cathie Whittenburg, communications director for States United to Prevent Gun Violence, who says she is hoping Illinois follows the lead of New York and New Jersey, which require gun owners to provide justification for a concealed carry permit beyond personal protection. In New Jersey, references are also needed, which is meant to guard against criminal activity.
Other states, such as Virginia, have much less oversight, and even issue permits to residents of some other states that are valid in those states if they complete an online gun class.
鈥淚llinois would want to make a serious consideration in who gets these permits and why,鈥 Ms. Whittenburg says. 鈥淵ou have all these people walking around with not a whole lot of training, certainly not the type of training that compares to our police force. Most states don鈥檛 take that seriously.鈥
In the discussions over concealed carry, Gov. Pat Quinn has already said he will press lawmakers to ban assault weapons in the state, telling reporters Wednesday that the public 鈥渙verwhelmingly support that.鈥
鈥淲e aren鈥檛 going to have people marching along Michigan Avenue [in downtown Chicago], or any other avenue in the state of Illinois, with military-style assault weapons, weapons that are designed to kill people,鈥 he said.聽