Gun possession debates and possible changes coming for Illinois

May 21, 2013

Gun possession debates and possible changes coming for Illinois

As a community in Connecticut debates what to do with the Sandy Hook elementary school, the national debate in Washington D.C. over reforming gun laws has stalled. Discussion had focused on broader background checks and some limits on what gun owners may possess. The new discussions underscore the serious nature of a gun charge for illegal possession.

In Illinois, the debate had raged around conceal and carry and what requirements must be in place before an individual may obtain a permit. Late last year, the 7th Circuit Court of Appeals found that the Illinois ban on concealed carry was unconstitutional. The court put in place a June 9 deadline for lawmakers to legalize conceal carry.

Recently, the State Attorney General received an extension from the U.S. Supreme Court and now has until June 24 to file an appeal. However, this may not affect the deadline.

Will Illinois pass conceal and carry legislation before the deadline?

Proposed legislation has met resistance as lawmakers from urban and rural parts of the state disagree on the specifics of a permitting process. A compromise plan included a lengthy background-check provision. It would also have allowed the Cook County sheriff as well as Chicago police to deny permits in individual cases.

The idea behind the compromise was that the higher density of the Chicago metro area required additional oversight of applications. Earlier in the session, the Illinois House failed to pass a plan backed by the National Rifle Association.

If the Illinois legislature does not pass a concealed carry law before the deadline, it is possible that gun owners could carry guns without obtaining a permit or proper training. This could make it much more difficult for law enforcement to file Illinois concealed weapons charges.

Gap measure: Cook County ordinance

Sheriff Tom Dart has proposed a Cook County ordinance that would provide his office with authority to approve or reject license applications. A license application would cost $300 under the proposal.

A county ordinance could create a tricky problem in suburban communities that are only partly in Cook County. For example, the concealed carry law may apply on one street, but drive several streets over and it could be a crime to possess a concealed firearm.

Gun charges come with serious penalties. The uncertain state of the concealed carry law in Illinois shows that criminal law can change quickly. If charged with a gun offense, contact an Illinois criminal defense attorney to discuss your individual circumstances. An attorney can advise whether any defenses might exist and ensure your rights are protected.

Article provided by Acosta Law Group
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