Lisa Madigan

Illinois Right-To-Carry Deadline Extended Again

July 22. That’s the new deadline set by the U.S. Supreme Court for Illinois to put a concealed-carry law in place. From an Associated Press-authored piece in The State Journal-Register yesterday:

The U.S. Supreme Court granted an extension Tuesday for Illinois’s attorney general to decide whether to appeal a court order permitting the state’s gun owners to carry concealed firearms.

Justice Elena Kagan granted a delay until July 22, essentially a second 30 days of leeway that allows Attorney General Lisa Madigan time to craft a response.

The U.S. 7th Circuit Court of Appeals struck down Illinois’ ban on concealed-carry back in December 2012 and set a June 9 deadline for the state to have a CCW law on the books. The appellate court subsequently pushed that back to July 9 at the request of the Illinois Attorney General, saying it wouldn’t allow another extension.

Seeing that both chambers of the Illinois General Assembly passed the concealed-carry legislation (Illinois House Bill 183) with more than the three-fifths vote needed to override Illinois Governor Quinn if he offers changes/vetoes the bill, it’s suspected by some that the extensions are no more than stalling tactics to give Illinois municipalities the chance to pass so-called “assault weapon” bans before the CCW legislation awaiting the Governor’s signature prohibits it.

By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)

Source:

O’Connor, John. “Lisa Madigan gets guns delay; Speaker Madigan wants bill OK’d.” Associated Press. 18 June 2013. (http://www.sj-r.com/breaking/x871007557/U-S-Supreme-Court-grants-Madigan-more-time-on-guns#axzz2WfY18WW1). 19 June 2013.

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Wednesday, June 19th, 2013 Firearms, Government, Gun Rights, Legal, Self-Defense No Comments

Illinois Concealed-Carry Latest: Attorney General Lisa Madigan Asks For Second Extension Of Deadline

Last Tuesday, I blogged about the status of concealed-carry in the state of Illinois. I wrote:

Last December, the U.S. 7th Circuit Court of Appeals struck down Illinois’ total ban on concealed-carry- the only state in the Union that has one- and required Illinois to put a concealed-carry law in place by June 9. Here’s the latest on the right to carry in Illinois:

• On Tuesday, June 4, the federal appeals court granted Illinois Attorney General Lisa Madigan’s request for a 30-day extension with the understanding that Governor Pat Quinn would have more time to review CCW legislation (Illinois House Bill 183) passed by the Illinois General Assembly the prior week. According to an Associated Press-authored piece in The State Journal-Register (Springfield) that same day, the court said it wouldn’t allow another extension past the new July 9 deadline…

“The court said it wouldn’t allow another extension past the new July 9 deadline.”

That hasn’t deterred Attorney General Madigan from asking for another one. From the AP’s John O’Connor on The State Journal-Register (Springfield) website earlier Monday:

Illinois Attorney General Lisa Madigan has asked the U.S. Supreme Court for a second monthlong extension of time to decide whether to appeal a lower court order allowing citizens to carry concealed guns.

Madigan requested a delay until July 24 to take action on a 7th U.S. Circuit Court of Appeals ruling that sent lawmakers scrambling this spring to adopt legislation allowing the public possession of concealed firearms, according to a petition filed late Friday but made public Monday.

One reason for the requested extensions could be to give Illinois municipalities the chance to pass so-called “assault weapon” bans before the CCW legislation awaiting Governor Quinn’s signature prohibits it. Sara Burnett of the Associated Press wrote on the Peoria Journal Star’s website back on June 9:

Lt. Gov. Sheila Simon is urging Illinois communities to consider banning assault-style weapons before new legislation is signed that could prohibit local governments from doing so in the future.

The General Assembly approved a measure last month that would end Illinois’ last-in-the-nation prohibition on the concealed carry of firearms. The legislation, prompted by a federal court ruling that found Illinois’ law unconstitutional, also prohibits future assault-weapons bans. It allows existing bans, such as one in Chicago, to remain in place…

Simon said if the bill is signed into law as written, cities with so-called “home rule” decision-making authority would have just 10 days to prohibit assault-style weapons.

(Editor’s note: Italics added for emphasis)

As I type this, a number of Illinois communities are now considering “assault weapon” bans.

By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)

Sources:

O’Connor, John. “Lisa Madigan seeks 2nd delay on Illinois concealed carry.” Associated Press. 17 June 2013. (http://www.sj-r.com/breaking/x871006613/Lisa-Madigan-seeks-2nd-delay-on-Illinois-concealed-carry#axzz2WXQSnvdB). 17 June 2013.

Burnett, Sara. “Simon: Cities should consider assault-weapons bans.” Associated Press. 9 June 2013. (http://www.pjstar.com/free/x985027351/Simon-Cities-should-consider-assault-weapons-bans#axzz2WXWg3tDu). 17 June 2013.

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Illinois Concealed-Carry Latest

Last December, the U.S. 7th Circuit Court of Appeals struck down Illinois’ total ban on concealed-carry- the only state in the Union that has one- and required Illinois to put a concealed-carry law in place by June 9. Here’s the latest on the right to carry in Illinois:

• On Tuesday, June 4, the federal appeals court granted Illinois Attorney General Lisa Madigan’s request for a 30-day extension with the understanding that Governor Pat Quinn would have more time to review CCW legislation (Illinois House Bill 183) passed by the Illinois General Assembly the prior week. According to an Associated Press-authored piece in The State Journal-Register (Springfield) that same day, the court said it wouldn’t allow another extension past the new July 9 deadline.

• As a result of concealed-carry negotiations, Chicago’s gun registration program may be scrapped. John Byrne reported on the Chicago Tribune website Sunday:

Now the gun registry is on the verge of going away. During negotiations in Springfield to set up rules to allow people to carry concealed weapons, gun rights advocates won a concession to scrap the Chicago registry. The bill is now awaiting action by Gov. Pat Quinn, who could veto it, sign it or write changes into the legislation.

Richard Pearson, executive director of the Illinois State Rifle Association, singled out the elimination of the Chicago registry and permit process as one of the big improvements for gun owners in the state under the bill. “That goes bye-bye, and it’s a good thing because that was a terrible law,” Pearson said. “It didn’t serve any purpose except to harass law-abiding gun owners in Chicago.”

(Editor’s note: Italics added fro emphasis)

Back in July 2010, the latest incarnation of Chicago’s gun registry emerged, where eligible Chicago residents wanting to keep a firearm within the city limits were required to apply and get approved for a Chicago Firearms Permit (CFP) before they could legally register a gun. The CFP is valid for only 3 years, which means a number of these permits will begin expiring soon.

By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)

Sources:

“Appeals court gives Quinn extra time to review gun law.” Associated Press. 4 June 2013. (http://www.sj-r.com/thedome/x863241590/Appeals-court-gives-Quinn-time-to-review-gun-law#axzz2VK6ne3z2). 11 June 2013.

Byrne, John. “Chicago’s gun registry on the ropes.” Chicago Tribune. 9 June 2013. (http://articles.chicagotribune.com/2013-06-09/news/ct-met-chicago-gun-registry-0608-20130609_1_gun-registry-gun-rights-advocates-gun-control). 11 June 2013.

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Governor Quinn Still Hasn’t Signed Legislation Keeping Names Of Firearm Owner’s Identification Card Holders Private

The ongoing saga of the Illinois Firearm Owner’s Identification (FOID) card drags on. Back on March 1, I wrote:

In the state of Illinois, unless specifically exempted by statute, any Illinois resident who acquires or possesses firearm or firearm ammunition within the State must have in their possession a valid Firearm Owner’s Identification (FOID) card issued in his or her name. In the past, the Illinois State Police, the agency responsible for determining who gets FOID cards, kept cardholder information confidential.

That might no longer be the case.

Yesterday, the Illinois Attorney General, Lisa Madigan, daughter of Illinois Speaker of the House Michael Madigan (D-Chicago,) determined that the names of those possessing FOID cards, and hence, most likely firearms and/or ammunition, must be released to the public.

Protests by firearm owners and the Illinois State Police, who claim the release of such information might make both gun and non-gun owners targets for criminals, resulted in legislation attempt to prevent this. From the Associated Press’ Tammy Webber on May 20:

Illinois lawmakers voted overwhelming Friday to bar the public from knowing who holds a firearm owner identification card, a victory for gun owners who say they have a right to privacy over open-government advocates who say such records should not be secret.

In a 42-1 vote, the Senate passed a measure overturning a ruling by Attorney General Lisa Madigan’s office that said the names are public under the state’s open records law. It now goes to Gov. Pat Quinn, who said he agrees the information should remain confidential and will “act accordingly” after reviewing the legislation.

At the time this is being written, Illinois Governor Pat Quinn still hasn’t signed the legislation keeping the identities of FOID card holders private. According to the Illinois General Assembly website this afternoon, the last action taken on House Bill 3500 was it being sent to the Governor on May 27th. Today is June 9th. So does that mean the legislation is in danger of not becoming law? Well, according to the blog Illinois Review on May 23rd:

With a veto-proof majority behind the bill, he has three choices — sign it, veto and be overriden by the GA or let it sit until it becomes law in 60 days.

Stay tuned…

Sources:

Webber, Tammy. “Ill. lawmakers say gun-permit holder names private.” Associated Press. 20 May 2011. (http://www.google.com/hostednews/ap/article/ALeqM5jwCKZmrvv-I1XkUcsx51HCpxCyJg?docId=386243d20dad4936b0c4008a522d6aee). 9 June 2011.

“Chicago Democrats Vote Against FOID Card Owner Privacy.” Illinois Review. 23 May 2011. (http://illinoisreview.typepad.com/illinoisreview/2011/05/chicago-democrats-vote-against-foid-card-owner-privacy.html). 9 June 2011.

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Gun Control Latest: New Twist In Illinois FOID Card Debacle, Obama Proposes Gun ‘Reforms’

It’s not just the temperature that’s starting to warm up these days. The gun control debate looks to be heating up as well.

Emboldened by the shooting of a U.S. Congresswoman and others back in January and some polls that may indicate growing support for more restrictions on firearms, gun control advocates have taken the offensive since the beginning of the year. Illinois and Arizona are two of the more high-profile battlegrounds right now.

On March 1, I noted that the Illinois Attorney General Lisa Madigan had determined the names of Illinois residents possessing Firearm Owner’s Identification (FOID) cards must be released to the public. In the state of Illinois, unless specifically exempted by statute, any resident who acquires or possesses firearm or firearm ammunition within the state must have in their possession a valid Firearm Owner’s Identification (FOID) card issued in his or her name. In the past, the Illinois State Police, the agency responsible for issuing FOID cards, kept cardholder information confidential. Madigan’s directive would reverse this policy.

Last Friday, a judge blocked the release of the FOID cardholders’ names- at least temporarily. From Leslie Williams of the Journal Star (Peoria, Illinois) on March 11:

A judge granted a request Friday to temporarily block the release of the 1.3 million names of Illinoisans who hold state Firearm Owner’s Identification cards.

Peoria County Circuit Judge Scott Shore sided with four Peoria-area members of the Illinois State Rifle Association who contend that releasing the names would cause “irreparable damage.” They also contend that identities of gun permit holders are “in need of protection, namely the preservation of the status quo, until this litigation can be resolved,” according to the complaint.

Friday’s injunction proceeding was the first of three parts to permanently bar the names from being released. A temporary restraining order was granted and is in effect for 10 days…

Chief Peoria County Circuit Judge Michael Brandt will hear a status of the case at 10:40 a.m. Tuesday. A date will be chosen for the second stage of the injunction, known as a preliminary injunction. What’s at stake at the preliminary injunction hearing is an interim ruling that would decide, while the case is pending, that the temporary restraining order be on a permanent basis. The third phase is going to trial to seek a permanent injunction.

At Tuesday’s status hearing there’s a chance that the temporary restraining order could be extended beyond the 10 day window as a way to better mesh with the court’s and attorneys’ schedules.

According to Williams, the Illinois State Police is preparing a possible court challenge should the Attorney General’s ruling become binding.

Goofy, right? A lot of Illinois constituents have to be wondering why the Attorney General is wasting time, effort, and what could soon be taxpayer money on this issue.

And on the heels of poll findings favorable to the gun control cause, President Barack Obama penned an opinion piece in the Arizona Daily Star yesterday. On March 3, The Arizona Republic’s Ronald J. Hansen wrote:

A poll commissioned by the group Mayors Against Illegal Guns says that sizable majorities of Arizona voters support several specific gun-control measures, similar to findings in four other states that also were surveyed.

Among the findings, 83 percent of the 600 registered voters polled in Arizona favor a law requiring all gun buyers to pass a background check.

Among gun-owners, the number was 75 percent in Arizona, the group reported…

The poll also was conducted in Colorado, Ohio, Indiana and Virginia.

I’m left shaking my head after reading this piece. Using a survey pool of only 600 individuals to somehow represent the views of nearly 6.6 million Arizona residents? Are you kidding me? There’s only one thing that can be taken away from this poll, and that is- get a bigger survey pool and try again.

But getting back on track, President Obama argued for the following gun “reforms” in his opinion piece in the Arizona Daily Star on Sunday:

• First, we should begin by enforcing laws that are already on the books. The National Instant Criminal Background Check System is the filter that’s supposed to stop the wrong people from getting their hands on a gun. Bipartisan legislation four years ago was supposed to strengthen this system, but it hasn’t been properly implemented. It relies on data supplied by states – but that data is often incomplete and inadequate. We must do better.

• Second, we should in fact reward the states that provide the best data – and therefore do the most to protect our citizens.

• Third, we should make the system faster and nimbler. We should provide an instant, accurate, comprehensive and consistent system for background checks to sellers who want to do the right thing, and make sure that criminals can’t escape it.

The U.S. President added:

Clearly, there’s more we can do to prevent gun violence. But I want this to at least be the beginning of a new discussion on how we can keep America safe for all our people.

Note where he said “But I want this to at least be the beginning of a new discussion…”

My two cents? These proposed, less-controversial “reforms” are merely a “feeler” for the Obama administration and gun control advocates. They want to gauge the reaction of the public and see if they really are becoming more tolerant of more firearm restrictions in the wake of the Arizona shooting and recent pro-gun control poll findings.

In addition, note how the President used the word “common sense” repeatedly in his piece:

However, I believe that if common sense prevails…

I’m willing to bet they don’t think that using a gun and using common sense are incompatible ideas…

Most gun owners know that the word “commonsense” isn’t a code word for “confiscation.”

If Americans go along with the proposed “reforms,” it’s a good bet the White House will offer more “common sense” suggestions shortly thereafter:

• “Common sense” restrictions on high-capacity magazines

• “Common sense” restrictions on “assault weapons”

• “Common sense” restrictions on all semi-automatic firearms

Get the point?

On the flip-side, if Americans raise a stink over the proposed “reforms,” expect the gun control crowd to keep pursuing their agenda through the back-door.

Sources:

Williams, Leslie. “Judge blocks release of FOID cardholders’ names.” Journal Star (Peoria, Illinois). 11 Mar. 2011. (http://www.pjstar.com/news/x904839798/Judge-shoots-down-release-of-FOID-identities). 14 Mar. 2011.

Hansen, Ronald J. “Arizona voters OK gun control, poll says.” The Arizona Republic. 3 Mar. 2011. (http://www.azcentral.com/arizonarepublic/local/articles/2011/03/03/20110303arizona-voters-approve-gun-control.html). 14 Mar. 2011.

Obama, Barack. “President Obama: We must seek agreement on gun reforms.” Arizona Daily Star. 13 Mar. 2011. (http://azstarnet.com/article_011e7118-8951-5206-a878-39bfbc9dc89d.html). 14 Mar. 2011.

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Illinois Attorney General Lisa Madigan’s FOID Card Fiasco, Or, How To Alienate More Than 1.3 Million Constituents In A Day

In the state of Illinois, unless specifically exempted by statute, any Illinois resident who acquires or possesses firearm or firearm ammunition within the State must have in their possession a valid Firearm Owner’s Identification (FOID) card issued in his or her name. In the past, the Illinois State Police, the agency responsible for determining who gets FOID cards, kept cardholder information confidential.

That might no longer be the case.

Yesterday, the Illinois Attorney General, Lisa Madigan, daughter of Illinois Speaker of the House Michael Madigan (D-Chicago,) determined that the names of those possessing FOID cards, and hence, most likely firearms and/or ammunition, must be released to the public.

From the Associated Press this evening:

Illinois State Police stood their ground today after the state’s attorney general determined the agency must disclose the names of people authorized to own guns in Illinois to comply with public records law.

Attorney General Lisa Madigan’s public access counselor issued a letter Monday night rejecting state police arguments that releasing the information is an unwarranted invasion of privacy prohibited by the state public records law or that its disclosure would automatically endanger the lives of gun owners or those who don’t have firearms.

Apparently, this all began when the Associated Press filed a Freedom of Information Act request back in September 2010 for the names of each FOID cardholder in the state and the expiration date of each card. Why? That wasn’t indicated in article. However, the AP piece did note:

State police denied the request, prompting the public access counselor’s intervention.

According to the Associated Press, the Illinois State Police and pro-gun groups argued to the Illinois Attorney General that publicizing the names of those authorized by the state to own firearms and/or ammunition puts them and others at risk. It is commonly-known that guns are highly-sought after by burglars. Inversely, they claimed that public knowledge of individuals who don’t have permission from the state to have firearms makes them a target as well.

The Attorney General’s response? According to the Associated Press piece:

Speculative and conclusory

Boy, Illinois FOID cardholders must be going bonkers right now.

Unfortunately for Illinois Attorney General Lisa Madigan, there’s something else that may very well be “speculative and conclusory”:

Future political support from the more than 1.3 million Illinois residents that possess FOID cards.

Source:

“Atty. general: Illinois should release FOID card list.” Associated Press. 1 Mar. 2011. (http://www.chicagotribune.com/news/local/breaking/chibrknews-atty-general-illinois-should-release-foid-card-list-20110301,0,6114050.story). 1 Mar. 2011.

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Tuesday, March 1st, 2011 Ammunition, Crime, Firearms, Government, Gun Rights No Comments
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