Written by Diane Benjamin - editor

Some counties care about rights – McLean, not so much

Livingston county passed this resolution in February.  It was sent to Matt Sorensen (McLean County Board Chairman), no response.

RESOLUTION of the COUNTY BOARD of LIVINGSTON COUNTY, ILLINOIS

RESOLUTION SUPPORTING THE PASSAGE OF “THE FAMILY AND PERSONAL PROTECTION ACT,” ILLINOIS HOUSE BILL 0997

WHEREAS, the Second Amendment to the United States Constitution states “the right of the people to keep and bear Arms, shall not be infringed”; and

WHEREAS, Article 1, Section 22 of the Illinois Constitution states:  “Subject only to the police power, the right of the individual citizen to
keep and bear arms shall not be infringed”; and

WHEREAS, the United States Supreme Court has decided in District of Columbia v. Heller and in McDonald v. Chicago that the right to bear arms is an individual right; and

WHEREAS, on December 11, 2012,  the United States Court of Appeals for the Seventh Circuit ruled in Shepard v. Madigan that the State of Illinois’s ban of concealed carry rights is unconstitutional; and

WHEREAS, the Seventh Circuit gave the State of Illinois 180 days “to allow the Illinois legislature to craft a new gun law that will impose reasonable limitations, consistent with the public safety and the Second Amendment as interpreted in this opinion, on the carrying of guns in public”;

NOW, THEREFORE, BE IT RESOLVED by the County Board of the County of Livingston, Illinois, that the County of Livingston, Illinois, hereby supports the immediate passage and implementation of the Family and Personal Protection Act, House Bill 997, a synopsis of which is attached hereto.

BE IT FURTHER RESOLVED, that the Clerk of the County is hereby directed to prepare and deliver certified copies of this Resolution to all members of the Illinois Legislature representing this County and to the Office of the Governor.

PASSED this 14th day of February, 2013.

Synopsis As Introduced
Creates the Family and Personal Protection Act. Provides that the Department of State Police shall issue a license to a person to: (1) carry a loaded or unloaded handgun on or about his or her person, concealed or otherwise; (2) keep or carry a loaded or unloaded handgun on or about his or her person when in a vehicle; and (3) keep a loaded or unloaded handgun openly or concealed in a vehicle. Prohibits the carrying of the handgun in certain locations. Provides that the license shall be issued by the Department of State Police within 30 days of receipt of a completed application and shall be valid throughout the State for a period of 5 years from the date of issuance. Provides for renewal of licenses. Establishes qualifications for licensees, certified firearms instructors, and instructor trainers. Provides for home rule preemption. Provides that the provisions of the Act are severable. Amends the Freedom of Information Act. Prohibits from inspection and copying information about applications for licenses to carry a handgun and about license holders contained in the database created by the Family and Personal Protection Act, except as authorized by that Act. Amends the State Finance Act and the Criminal Code of 2012 to make conforming changes. Effective immediately.

Madison County issued a Press Release in June:

http://www.madco-sa.org/documents/2013.06.06.CCWOpinionAndRelease.pdf

Although the 7th U.S. District Court of Appeals issued a 30 day delay on court-ordered right to carry that was to have commenced June 9th, Gibbons said in his opinion, Madison County residents are authorized to carry loaded weapons, if they meet the following requirements:

  • MUST be issued and possess a valid F.O.I.D. card or, if not an IlIinois resident, a valid concealed carry permit from a state that performs a background check prior to issuance of the permit; AND
  • MUST be carrying the firearm for self-defense; AND
  • MUST NOT be prohibited from possession of a firearm under another statute or court order; AND
  • MUST keep the firearm concealed on their person or in their vehicle, not visible to the public; AND
  • MUST NOT be engaged in any criminal conduct; AND
  • MUST be in compliance with all other federal, state and local laws and ordinances; AND
  • MUST, when asked, inform law enforcement officers of the firearm when in contact with an officer in the course of their duties.

Because the governor has not signed SB 183 into law, the hours of firearm training and concealed carry permits required in that legislation are not required under Gibbons’ issued opinion.

“I cannot overstate the importance of citizens exercising this important right in a responsible manner,” Gibbons stated in the opinion. “It is essential that individuals cooperate with any police officer and inform them of the presence of the firearm prior to removing it from its concealed location. Displaying the firearm at a public location or without the request or knowledge of an officer could constitute a violation of the law.”

Gibbons, a Democrat, said, “It is my hope that informing citizens of this important right under Illinois law will ensure that law­ abiding citizens can responsibly and safely exercise their Second Amendment rights to the fullest extent currently allowable under Illinois law. I will continue to fight to protect citizens by ensuring proper enforcement of existing laws and by helping to change laws that interfere with our rights enshrined in the Constitution.”

Former State’s Attorney Ron Dozier said he would not prosecute persons exercising their constitutional right of concealed carry.  Current State Attorney Jason Chambers said he would.

Shouldn’t the McLean County Board should be on the record?  Who is for the 2nd Amendment and who isn’t?

3 thoughts on “Some counties care about rights – McLean, not so much”

  2. Madison County sees it’s honest citizens as Americans and is treating them respectfully. Wouldn’t it be great if our county of McLean would do the same!

    Guns have only two enemies: rust and politicians.

    Reply

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