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Eighteen state attorneys general have joined in an amicus brief to the U.S. Supreme Court supporting a Second Amendment Foundation petition for writ of certiorari seeking high court review in the case of Culp v. Raoul, which challenges the refusal by Illinois to take applications from non-residents for an Illinois carry license.
Plaintiffs are asking the Court to determine “Whether the Second Amendment right to keep and bear arms requires that the State of Illinois allow qualified non-residents to apply for an Illinois concealed carry license.” SAF is joined by the Illinois State Rifle Association, Illinois Carry and several private citizens. They are represented by attorney David G. Sigale of Wheaton.
The amicus brief, submitted by Missouri Attorney General Eric S. Schmitt, is joined by attorneys general from Alabama, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia.
While Illinois statute says the State Police “shall by rule allow for nonresident license applications from any state or territory of the United States with laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain a license” in Illinois.
“However,” the petition for review says, “that right to concealed carry is denied, in a discriminatory and arbitrary manner, to the law-abiding and qualified persons in 45 states, who are prohibited from even applying for an Illinois concealed carry license (“CCL”), regardless of their qualifications. Therefore, Illinois’s prohibition on virtually all non-residents obtaining a concealed carry license for self-defense violates the Petitioners’ rights under the Second Amendment.”
“We’re grateful to the 18 attorneys general for joining the amicus, on behalf of the residents of their respective states,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The right to bear arms does not end at the Illinois state line, and untold numbers of citizens from other states have occasion to travel to or through Illinois and they should not be expected to leave their right of self- defense at the border.”
* In related news…
An Illinois lawmaker is proposing to change the Illinois Constitution to protect Firearm Owners Identification card fee revenue from being swept into the state’s general fund.
The proposal filed Wednesday would require that proceeds from the issuance and renewal of the Firearm Owners Identification card and concealed carry permits go solely toward facilitating the program or other firearm-related activities, akin to the 2016 “lockbox amendment” that altered the state’s guiding charter to protect road funds from being used for other purposes.
“What this does is put all of our money into a lockbox, so to speak, dedicated solely for the purpose of processing our applications or renewing or reviewing someone’s application that got turned down that they filed an appeal on,” state Rep. Dan Caulkins, R-Decatur, said of his proposal.
He plans to gather support from Democrats who have already said the program is underfunded and proposed higher fees for cards over shorter periods of time.
Right now, his co-sponsors are the Eastern Bloc and honorary member Rep. Allen Skillicorn.
…Adding… Speaking of the Eastern Bloc…
No charges will be filed in the shooting that wounded an employee last month at the John Boos Factory Showroom and Outlet, according to authorities.
Effingham Police Chief Jason McFarland said the shooter was a 60-year-old man from Michigan who had a semi-automatic handgun and a valid concealed-carry permit. He was not required to have a FOID card because Michigan state law does not require one, McFarland said. […]
A preliminary investigation into the incident determined that the shooting to be accidental, and police turned the case over to Effingham County State’s Attorney Bryan Kibler for review.
Kibler said Thursday he agreed that it was all just an accident and no criminal charges are warranted. He said it is his understanding that Nick Nichols does not want to pursue charges.
posted by Rich Miller
Friday, Feb 7, 20 @ 11:37 am
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“The right to bear arms does not end at the Illinois state line…”
I totally agree. But there has to be a standard on legal gun ownership in other states that is similar to Illinois. 18 other states don’t get to make the rules for Illinois, nor should Illinois make the rules for 18 other states.
Comment by Ducky LaMoore Friday, Feb 7, 20 @ 11:45 am
Textbook example of how conservatives favor “states’ rights” until conveniently they don’t.
Comment by ZC Friday, Feb 7, 20 @ 11:54 am
But the second amendment is a federal right in the Bill of Rights.
There shouldn’t be a patchwork of laws that don’t allow me to use that right in one state and not another.
Why is my marriage license or drivers license honored in all 50 states when my CCL isn’t?
Comment by Stas Friday, Feb 7, 20 @ 12:18 pm
===Why is my marriage license or drivers license honored in all 50 states when my CCL isn’t?===
You can read up on the Full Faith and Credit clause in the Constitution, and what it does and does not apply to, here:
https://tinyurl.com/runqxfl
Comment by Nick Name Friday, Feb 7, 20 @ 12:24 pm
Ducky
If the remedy the applicants are requesting is to apply for an IL NonRes aren’t they voluntarily trying to comply with those rules?
Comment by Mason born Friday, Feb 7, 20 @ 12:26 pm
===Textbook example of how conservatives favor “states’ rights” until conveniently they don’t.===
For conservatives, “states right” has always been a dog whistle for oppressing racial minorities, especially African Americans.
Comment by Nick Name Friday, Feb 7, 20 @ 12:26 pm
In order for my marriage to be recognized in all 50 states, there was a huge social sea change and a legal fight. Stas, I don’t find your claim convincing.
Comment by RIJ Friday, Feb 7, 20 @ 12:41 pm
Keeping the Foid and CCW money within the program is common sense. The idea that State swept millions away is a reason why fees should be raised is nonsensical. That money should be returned to the fund to better be spent where it was supposed to be in the first place.
Comment by FormerParatrooper Friday, Feb 7, 20 @ 12:49 pm
“it was all just an accident and no criminal charges are warranted”
So was he a Good Guy with a gun or a Bad Guy with a gun?
– MrJM
Comment by @misterjayem Friday, Feb 7, 20 @ 1:00 pm
Nick name,
It’s funny how the only dogs who bark at that states’ rights “dogwhistle’ are the left-leaning ones.
Comment by Heyseed Friday, Feb 7, 20 @ 1:12 pm
Heyseed, at least you admit that the dog whistles of the right are real and on purpose.
Comment by RIJ Friday, Feb 7, 20 @ 1:21 pm
== For conservatives, “states right” has always been a dog whistle for oppressing racial minorities, especially African Americans.==
Also a reason why some gun laws were passed in the sixties
Comment by fs Friday, Feb 7, 20 @ 1:26 pm
Got it. Anyting you dislike. Is a dog whistle. . No logical arguing Just call it a dog whistle. .
Comment by Drake Mallard Friday, Feb 7, 20 @ 1:29 pm
Drake, are you trying to say that political dog whistles aren’t real? Read about Nixon’s “Southern Strategy.”
Comment by RIJ Friday, Feb 7, 20 @ 1:39 pm
==“it was all just an accident and no criminal charges are warranted”
So was he a Good Guy with a gun or a Bad Guy with a gun?==
Seems more like he was “Accident-Prone Guy” . . .
Comment by Flapdoodle Friday, Feb 7, 20 @ 1:40 pm
== Effingham Police Chief Jason McFarland said the shooter was a 60-year-old man from Michigan who had a semi-automatic handgun and a valid concealed-carry permit. ==
If he was carrying in public outside of his vehicle, then he wouldn’t have been lawfully possessing. A Michigan card doesn’t allow you to carry in Illinois. Only an Illinois card does. This is likely the “Sancutary County” policy at work, ignoring enforcement of certain laws.
Comment by fs Friday, Feb 7, 20 @ 1:44 pm
Firearms are specifically mentioned in the Constitution. It should be up to Congress to decide this issue.
Comment by OpentoDiscusssion Friday, Feb 7, 20 @ 2:01 pm
=Firearms are specifically mentioned in the Constitution.=
“the right of the people to keep and bear Arms”
Says nothing about firearms. But since you brought it up, the founding fathers were talking about muskets. Not my 1911.
Comment by JS Mill Friday, Feb 7, 20 @ 2:08 pm
RIJ. No, I do believe the dog whistles exist. . But make a logical adult argument as to why it’s a dog whistle instead of calling everything. You don’t like a dog whistle. This isn’t grade school.
Comment by Drake Mallard Friday, Feb 7, 20 @ 2:15 pm
===Heyseed, at least you admit that the dog whistles of the right are real and on purpose.===
I guess Heyseed walked right into that one.
Comment by Nick Name Friday, Feb 7, 20 @ 2:20 pm
==right to keep and bear arms==
They always seem to omit the first thirteen words beginning with ‘A well regulated Militia’.
I suspect they don’t plan on regulating themselves or others anytime soon…if at all.
Comment by Jocko Friday, Feb 7, 20 @ 2:32 pm
For those of you who support Illinois current system… Please substitute the 1st amendment for the 2nd amendment and logically explain why restrictions on the 1st amendment should be much more severe in one state than another.
Comment by logic not emotion Friday, Feb 7, 20 @ 2:43 pm
For lawful gun owners who travel by car throughout the USA, navigating the patchwork quilt of CCW reciprocity is quite a maze. I maintain an Illinois Concealed Carry License, a non-resident Arizona permit, and a non-resident Florida permit to get a total of around 33 states’ reciprocity. It’s a hassle to recheck current law before traveling, but that’s how is for now. Air travel with claimed firearms in baggage is a whole other ever-changing gauntlet…
Comment by Gantt Chart Friday, Feb 7, 20 @ 2:44 pm
The whining from self important Ike Clanton wannabes gets old. Full Faith & Credit? Tell it to military spouses, who find things so bad DoD now uses professional license reciprocity as a factor in base siting / closing decisions. When the teacher / nurse / engineer spouse of a military spouse can immediately go to work in a new state, then, and only then, should we talk about CCL.
Comment by Anyone Remember Friday, Feb 7, 20 @ 2:45 pm
=For those of you who support Illinois current system… Please substitute the 1st amendment for the 2nd amendment and logically explain why restrictions on the 1st amendment should be much more severe in one state than another.=
Go ask the other states. Do your own work. But the restrictions applied to amendments by the USSC is uneven so your argument is with them. Good luck.
=I maintain an Illinois Concealed Carry License, a non-resident Arizona permit, and a non-resident Florida permit to get a total of around 33 states’ reciprocity. It’s a hassle to recheck current law before traveling, =
Life in a Republic is not required to be convenient, citizenry is an active pursuit. Sorry the Google is such a bother.
On another note, where are you traveling to? Mogadishu?
Comment by JS Mill Friday, Feb 7, 20 @ 2:53 pm
@JS Mill,
===But since you brought it up, the founding fathers were talking about muskets. Not my 1911.===
So does the 1st amendment include the typed word or the internet? Heck how about a ballpoint pen vs a quill.
Comment by Nagidam Friday, Feb 7, 20 @ 3:01 pm
As to the argument of “the Founding Fathers didn’t include (type of weapon)”, the dogs can’t hear that whistle. You might want to view a very interesting video on the weapons that weren’t “muskets”, which included pistols and multi-barreled weapons…https://www.youtube.com/watch?v=CquUBWHU2_s
Comment by revvedup Friday, Feb 7, 20 @ 3:07 pm
The argument some here make that the founding fathers were talking only about muskets is such a false argument. Private citizens could legally own cannons in the early days of the republic. Hardly a musket.
Comment by Captain Who Friday, Feb 7, 20 @ 3:21 pm
“For conservatives, “states right” has always been a dog whistle for oppressing racial minorities, especially African Americans.”
Hence the 2nd amendment…
Comment by Anonymous Friday, Feb 7, 20 @ 3:49 pm
@Nadigam- Brilliant retort/s
Making my point form me.
Comment by JS Mill Friday, Feb 7, 20 @ 4:12 pm