IL: State Police Change Rules on Concealed Carry License

Gun Watch ^ | 18 July, 2014 | Dean Weingarten

[marktwain]

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 has been complaining that the procedures are secret, people are not told why they were denied, and this is not following due process.    There are hundreds of lawsuits pending.

They have decided to modify the process.   They issued a press release about  emergency rules on July 14th.   According to wuis.org:

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 does not 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 is not much time to put together legal documents and evidence, make possible travel arrangements or even arrangements for delivery of official documents.   Any way that you look at it , there is a weekend in there, maybe a long one.    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.


©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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[marktwain]

The process will get better over time.

[Gen.Blather]

I’ve known people who would see applying for a gun license as proof the person was a danger to himself or others. But it will be interesting to see what reason they give now that the reason will be public. (10 days? Have you ever tried to set up a meeting with any public office or board in just 10 days? So they meet, what, once every 30?)

[harpu]

So, let me understand this.

"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."

The DENIED APPLICANT must prove that the agency denying their application was wrong.

Shouldn't it be; "your qualified" unless the denying agency provides proof that you're not qualified?!?

[cyberstoic]

Every weekend in Chicago there are dozens more killed and injured by gangs. The politicians try everything - keeping kids in school longer, midnight basketball, community outreach. Pat Quinn now wants to ban assault weapons (no assault weapons have been used by the gang bangers to kill) which Quinn says will “stop the violence”. Don’t forget after ever few weeks of gang banger death and mayhem the ever obligatory community meeting with community leaders saying how this is an outrage and promising to do something about it. Something, which never happens.

The one thing that the politicians can do, which costs the state nothing, and that is proven over and over study by study, is to let law abiding citizens carry and protect themselves. Letting law abiding citizens carry is even bringing down crime in Detroit and that is saying something.

But it is inconceivable in Illinois to give the people their 2nd amendment rights and G_D given right to self defence. After all scared citizens however angry at the killings have no where to turn but the government. Armed citizens take care of the situation and then the Pat Quinns of the world might be afraid.

[Raycpa]

10 days to prove innocence to someone who declares you are guilty? Sounds reasonable.

[Springfield Reformer]

Well, its not reasonable, but it is better than what we had before. My problem is remembering to take mine with me everyday. I hope I don’t get caught up short the one time I really need to have it with me.

[Vendome]

They can’t create rules.

The law is the law and their duty is to follow it or enforce it.

[Vendome]

If they were in America, sure.

[RetiredTexasVet]

My guess is that you will be informed on the 11th day after the disapproval and you will need a time machine to meet the deadline .... remember you are dealing with creative scum.

[JimRed]

Shouldn't it be; "your qualified" unless the denying agency provides proof that you're not qualified?!?

Should-be counts for nothing. In New Jersey you have to "prove a need" to obtain a carry permit, and unless you are "connected" the proof is never sufficient.

[OregonRancher]

I got mine by mail, three days after I put my application.

[Springfield Reformer]

There’s a regulatory layer built into the law, which delegates to the ISP considerable rule-making power. The current fracas demonstrates why this was a bad idea. But that’s how it works. For now. We expected these growing pains.