The Illinois State Police have come under a lot of pressure as the magnitude of the lawsuits they are facing under the concealed carry license procedures has become known. Even the old media in Illinois have been complaining that the procedures are secret, people aren’t told why they’re denied, and aren’t afforded due process. There are hundreds of lawsuits pending . . .
Now the State Police have decided to modify the process. They issued a press release about emergency rules designed to “further strengthen the statutory framework of the Firearm Concealed Carry Act.”
In a memo, the State Police Director Hiram Grau cites these lawsuits as a reason for the emergency rules. “It is anticipated,” he writes “that the volume of litigation will continue until the statutory framework is bolstered by a regulatory process.”
Under the new rules, persons denied a concealed carry license will learn the reason, and be told what law enforcement agency made that determination. They then have to hurry to find evidence that proves they’re not a danger to themselves or others or a threat to public safety — they get ten days to make their case to the board.
This doesn’t mean that the lawsuits will be set aside. No one knows how the courts may rule, but it shows that the process will change, and probably more than what these initial reforms indicate. Ten days isn’t much time to put together legal documents and evidence, make possible travel arrangements or even deliver official documents. Any way that you look at it , there’s a weekend in there. The press release states that the official rules will be published in the July 25 Illinois Register.
It seems the Illinois police are giving themselves 12 days to publish the actual new rules. This should be interesting.
©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Gun Watch
Isn’t our illustrious leader from Chicago? Hmm.
But.. but.. but.. Illinois is Shall Issue!
This story must be fake or something, since everyone knows that these things can’t happen if the state is Shall Issue.
Well the reason nobody needs a weapon in Chicago/Cook county is that firearms are heavily restricted there. This resulted a 100% drop in crime. I don’t understand why these gun nuts want guns in a perfectly safe area.
Signed, Cinderella…
Daniel it depends on who’s giving the stats: Over the July 4 weekend, in Chicago alone, 16 people were shot to death and another 66 were wounded. At a press briefing on July 11, the White House weighed in, stating that Obama would “continue to make the case” that lawmakers should adopt new gun control laws. Two days later, on Sunday, Gov. Pat Quinn also called for more gun control, in particular a state ban on assault weapons, as the solution.
But Chicago’s problems lie with the city’s politicians. Nationally, police solve almost two out of every three murders – 63 percent of them. That figure is much lower in Chicago. In 2010, right before Rahm Emanuel became mayor, the rate for Chicago was 39 percent. But by Emanuel’s second year in office, it had plunged to an official rate of 26 percent. (In reality it is even lower, because Chicago has tried to hide how bad things are by increasingly misclassifying murders as non-murders.)
I told people that this s##t wasn’t( ever) over. BTW according to Cam & Company that’s 10 days from the date of MAILING. I say bankrupt the state…oh wait that already happened. I seriously need to move to Indiana…
need a judge w cajones to pimp slap the state
Amazing.
We are law enforcement agency G out of A-Z. We denied your 2nd amendment rights based on these records. Since you are guilty until proven innocent – you need to provide evidence to us that you are NOT a danger. We have purposely given you a ridiculously short time to both gather this evidence and present to us – thus making it impossible for you to have 2nd amendment rights. If you are rich or wealthy performing these tasks will not be problem. If you are a laborer or an otherwise not rich and important person where your manager will not give you a day off – you don’t need 2nd amendment rights.
“Under the new rules, persons denied a concealed carry license will learn their lesson, and be told what law enforcement agency they must now report to for arrest and punishment. They then have to hurry to find evidence that proves their innocence or they will be sent straight to prison without trial. Once arrested, they get ten days to make their case to the arresting authority, as to why they thought they had the right to own a firearm. At which point the arresting authority will sentence them to a 10 year prison term, regardless of what evidence or explanation the offender offers.”- What the state government really wants to say.
Correct.
Oh BTW in Illinois you can’t even apply for CCL unless you have a FOID card. Soooooo…who knows why a legal owner is denied. Parking tickets? Overdue library books? Driving while black or brown?
More like the lawsuits will be dismissed, because the process is no longer secret and the petitioners have recourse when they’re denied.
“Reapply for your CCW and let us know if you have any problems the second time around.”
I somehow don’t think that 10 days from the date of mailing of the reason for denial comports with due process. Just sayin’.
You know the more news I see outta liberal states the better secession from the union looks….
That is a bad attitude. It’s our union and if some states don’t want to abide by the rules I say kick them out. Let’s start by selling California back to Mexico. They are going to take over the state anyway we might as well reduce the national debt in the process.
Ooh, can they keep Pelosi too?
No one wants to keep Pelosi, not even Mr. Pelosi
how did that work out?the south had the balls but the north had the tooling.
This seems like a due process violation just as much as a 2a violation.
And THEY say that we conservatives are inflexible, hard headed and mule stubborn. When I read these new “rules” and see the 10 day limit to appeal, it just makes me really angry. The nit wits that thought this up ought to be horse whipped, tarred and feathered then run out of the country to someplace more their liking… oh say like North Korea. There, they can live in a gun free environment, where the gubmint rules with an iron fist and no one appeals ANYTHING. A perfect fit in my humble opinion.
Step by step…we will win.
I’d be willing to bet that a future lawsuit will challenge the ridiculously short 10-day grace period. I’d also be willing to bet that this, too, gets appealed all the way up.
They weren’t kidding when they said Illinois was coming along kicking and screaming.
Keep the lawsuits coming, because they haven’t fixed the real issue. Calling ‘may issue’ ‘shall issue’ does not make it right.
It may not make it right, but that doesn’t mean it won’t achieve their desired result. After all, “It’s not a tax” worked for ’em and that didn’t make it right either.
“They then have to hurry to find evidence that proves they’re not a danger to themselves or others …”
The rule change is utterly and totally bogus. It is absolutely impossible to prove a negative. And that is exactly what the law enforcement agencies in Illinois have asked of residents (to whom they declined to issue a concealed carry license).
This stinks to high heaven.
Forget it, Jake; it’s Chi-town.
It is anticipated,” he writes “that the volume of litigation will continue until the statutory framework is bolstered by a regulatory process.”
Translation:
“As we thought, high amounts of b*!ching will continue unless we get off out a$$es and do something about this.”
Who knew, lawsuits are actually annoying them into action. Amazing they are learning.
In all fairness, the 10 day window to respond arose from the fact that the review board only has 30 days from the time of objection to render a decision. Lengthen that window and they’ll probably give people as long as the want to respond.
Simply publicizing the objecting agency and the reason for denial should reduce the number of bogus objections.
I don’t know anyone personally who has been denied. My CCL was issued in 97 days (statute gives the State Police 120). But I live in a semi-rural, semi-conservative area. I’m guessing it’s the big city police departments that are objecting without cause, hoping the applicant won’t file suit.
IL folks just make sure you send it certified mail
RETURN RECEIPT REQUESTED not an electronic receipt either the green card. Electronic receipts have been ruled inadmissable in several cases, if you have to sue.
SC has a max 90 days to issue & renew & they are so backlogged takes every second of 90 days.
Nevermind.
as I said; the government in IL (as in many other places) is corrupt. If given 90 days and that’s insufficient in other smaller cities, the 10 day plan is a slap in the face of IL citizens/Chicago citizens. They already know it won’t be enough time. They’ll just say “well we tried” even though that’s BS, Just another reason I will never live in or visit Chicago. They have so much of NOTHING there that I need. I’ll never live in a city again. There’s going to be a blood bath in our country, and the cities are the last place I wanna be caught, when it starts. If the gun laws in NY and Chicago aren’t working at this point, nothing will control violence in this country. Stop paying politicians to write more STUFF that criminals won’t pay attention to or even acknowledge. We’re wasting money on the politicians! Boot em out, Then set term limits on their replacements. I’m outta here
“Now the State Police have decided to modify the process. They issued a press release about emergency rules designed to “further strengthen the statutory framework of the Firearm Concealed Carry Act.””
Emergency rules? You can’t pass a law and then change it on the fly because the state can not obey the law. What if everybody did that? Who do you think you are? The FN president?
If you have nothing on your record, you will not be denied. I’m pretty sure that counts as shall-issue.
If you got caught with a little pot back in ’72, you can be denied for something like that.
I’ve been flamed for saying it previously but a simple misdemeanor I would try to get an expungement order before
anything to do with a firearm. Majority of courts, even NY have laws allowing for expunging or otherwise removing a single dumb act from your record. You can legally purchase & own a firearm & not have to worry about lying on a 4473. It also shows on credit reviews, and employment checks and the like. Don’t give them any reasons to deny your rights. Contrary to popular internet lawyers posts these things do not just go away. Even if it does not show on a NICS check for whatever reason, you can still be charged federally for falsifying a 4473 if you know you had a conviction for a misdemeanor you could have been jailed for
more than a year, even if all you got was a fine.
I’m actually glad they’ve acknowledged the problem with the system and are addressing it. That would never happen in NY, NJ or CA. They’d simply get their AG to attack the plaintiffs or get a judge the throw the cases out.
Am I praising IL? Not on your life. I guess I’m just pleasantly surprised that their dipshittery is not without limit.
so the agency finds you guilty and you have to prove you’re not___ Code Napoleon at its finest…
I seriously pity the people of IL, especially Chicago and it’s suburbs. The state is known, the world over, for it’s corrupt government. Chicago is the hometown of corruption. Part of that corrupt government went to Washington DC and as part of the new administration, refused to prosecute members of the black panther party that were “intimidating” voters during the last presidential election. They are a disease that needs to be wiped out, the same as the KKK needs to be wiped out. All that racial hate, is not good for the nation, the community, the world. I grew up in a multi-ethnic neighborhood; we played together, grew together and watched each others 6. I have been selling firearms to citizens of the United States for over 25 years, with the blessing of the federal government. I have never even thought of selling a firearm to someone that ANY law enforcement agency viewed as a serious risk when armed with a gun. I have been criticized for refusing to sell to certain people and threatened for it because I “can’t decide who I will sell to or turn away, that’s discrimination”, ATF told me after that, “you can refuse to sell to anybody, based on a bad gut feeling”. I don’t want to see people killing each other without restraint, no one does. I do not think it a good idea for only two groups to have guns and ammo, (the government and the organized crime), that leaves all the innocent citizens unprotected in the middle of those corrupt armed goons. Not a good idea at all!! As one LE officer told me, “when SECONDS count in matters of life and death, the law is only MINUTES away”, even if it’s not by choice. Take good care of yourselves and your neighbors.
With the 10 days they suggest as time to appeal your denial to a permit to carry, they know that there will be such a backlog of denials, that they’ll never keep up and many will be turned away with the notion “well that’s the way the system is set up and you had your shot, sorry!” . Here’s an idea! IF CITIZENS are required to walk the streets of Chicago unarmed therefore unprotected (because LE can’t be everywhere all the time), then government officials and politicians should do the same, same is true for their bodyguards and everyone in their entourage. All men are equal, right?!
They can’t promulgate emergency rules now…that time expired last year.
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