Potential Reciprocity Case - SAF vs Illinois

[Coded-Dude]

The Second Amendment Foundation today filed a lawsuit in federal district court in Illinois, challenging that state’s concealed carry statute that restricts otherwise qualified non-residents the rights and privileges of carrying concealed firearms based solely on their state of residence.

Joining SAF in this legal action are the Illinois State Rifle Association, Illinois Carry, Inc., and ten individual plaintiffs, all residing in other states and who are licensed to carry in those states. Under the restrictive Illinois statute, only residents from states with “substantially similar” requirements to obtain a carry license are allowed to apply for non-resident licenses.


Only four states currently qualify under that provision. They are Hawaii, New Mexico, South Carolina and Virginia. None of the individual plaintiffs reside in those states. We have had some very good rulings coming from this district, especially from SAF lawsuits.


According to SAF founder and Executive Vice President Alan Gottlieb, this situation is not simply unfair, it is untenable and we believe unconstitutional.


“Our plaintiffs have qualified for carry permits or licenses in their own states,” Gottlieb said, “which means they have gone through background checks and other requirements that show they are responsible, law-abiding citizens. Yet, because of the current Illinois statute, their self-defense rights are suspended immediately after they cross the Illinois state line.”


Named as defendants in the lawsuit are Attorney General Lisa Madigan, Illinois State Police Director Hiram Grau and Jessica Trame, bureau chief of the State Police Firearms Service Bureau. Plaintiffs are represented by attorney David Sigale of Glen Ellyn, Ill.


“This lawsuit,” said Sigale, “is brought because it is unfair that otherwise qualified people from states outside Illinois, who work and travel in Illinois are barred from obtaining means to defend themselves in public solely based on their state of residence. We expect to correct that.”


“We’re asking the federal court for a declaratory judgment on equal protection and due process constitutional grounds,” Gottlieb stated. “It makes no sense at all for Illinois to enforce such a narrowly-defined law that seems to recognize the rights of some non-residents, while dismissing the rights of most other non-residents. We can’t allow that kind of discriminatory situation to stand.”

http://www.saf.org/?p=4451

This one may set and interesting precedent for allowing expanded reciprocity among the states. It will certainly be an interesting one to watch.

 

[Defnestor]

They'll find a way to drop it. Just like that NJ woman. IL, CA, NJ, NY, and a few others don't want a reciprocal case going before the Supreme Court.

 

[Fredkrueger100]

I agree with them getting this dropped. So much for elected officials upholding the constitution. Just sickens me the amount of scum that has been put in these elected positions. What the heck is wrong with people?

 

[Glocktogo]

I went to a pistol match in Indiana a couple of weeks ago. We specifically has to schedule a stop on the west side of St. Louis to disarm and lock up our guns, only to stop again once we made it into Indiana to unlock and rearm. What a pain in the butt.

 

[Surveyor1653]

I went to a pistol match in Indiana a couple of weeks ago. We specifically has to schedule a stop on the west side of St. Louis to disarm and lock up our guns, only to stop again once we made it into Indiana to unlock and rearm. What a pain in the butt.

I go through that same procedure every time I go up to Chicago. I stop at the same exit and store every time. All of this, in spite of Article 4 of the Constitution.

 

[indi]

I go through that same procedure every time I go up to Chicago. I stop at the same exit and store every time. All of this, in spite of Article 4 of the Constitution.

You guys dont have to do this anymore. Ever since they passed ccw in Illinois, your out of state ccw permit allows you to carry a loaded firearm in your vehicle.

 

[Poke78]

You guys dont have to do this anymore. Ever since they passed ccw in Illinois, your out of state ccw permit allows you to carry a loaded firearm in your vehicle.

Just don't stop to spend money on gas or take a leak because the moment you step out of your vehicle, you're cop bait.

 

[Glocktogo]

You guys dont have to do this anymore. Ever since they passed ccw in Illinois, your out of state ccw permit allows you to carry a loaded firearm in your vehicle.

Link to the relvant IL statute? I searched in vain on the ISP website, to no avail.

 

[indi]

Link to the relvant IL statute? I searched in vain on the ISP website, to no avail.

It used to have it on the isp website under conceal carry, seems they have taken it down since. Ill find it and post it.

https://ccl4illinois.com/ccw/Public/AboutTheAct.aspx

look at 430 ILCS 66/40 (e)


(e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:
(1) is not prohibited from owning or possessing a

firearm under federal law;

(2) is eligible to carry a firearm in public under

the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and

(3) is not in possession of a license under this Act.
If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act.*

"Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle

 

[Glocktogo]

It used to have it on the isp website under conceal carry, seems they have taken it down since. Ill find it and post it.

https://ccl4illinois.com/ccw/Public/AboutTheAct.aspx

look at 430 ILCS 66/40 (e)


(e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident:
(1) is not prohibited from owning or possessing a

firearm under federal law;

(2) is eligible to carry a firearm in public under

the laws of his or her state or territory of residence, as evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and

(3) is not in possession of a license under this Act.
If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act.*

"Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle

Thanks! I spent forever on their site looking for exactly this. I'm sure the "omission" was purely accidental!