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Officer Down

Tuesday, April 16, 2013

CONCEALED CARRY: Quinn, Madigan see chance for strict concealed carry limits in Illinois

One key part of the Illinois debate is known as the "may/shall" issue. Gun rights advocates want it clear that permits shall be issued to anyone who fits within the letter of the law. But gun control lawmakers think it is better to have a "may issue" standard to give authorities discretion when there is a legitimate reason to prevent somebody from having a gun.

--I don't see an issue with may/shall. If the statute says they shall issue the permits to me only means that they are responsible for the process, not that they HAVE to give a permit to every applicant.
This splitting of hairs is nothing more than a time wasting ploy on the part of the polidiots in Springfield.--
Duke

Story at Chicago Tribune

Governor steps up call for attorney general to appeal federal deadline for weapons law

By Ray Long and Rafael Guerrero
Chicago Tribune reporters
7:12 AM CDT, April 16, 2013

SPRINGFIELD

— Gov. Pat Quinn and Attorney General Lisa Madigan both suggested Monday that the U.S. Supreme Court's decision to turn down an appeal of New York's tough gun law could boost Illinois lawmakers' attempts to set strict limits on who gets to carry concealed weapons.

But the Democratic governor also used Monday's Supreme Court move to escalate his call for Madigan to appeal to the high court a federal ruling that gives Illinois a deadline of early June to put in place a concealed weapons law.

"It would be helpful to ... the people and the public safety of Illinois if that case (would) be reversed," Quinn said.

In December, a federal appeals panel in Chicago tossed out the state's long-standing ban on carrying concealed weapons. Madigan has held off on whether to appeal that ruling to the U.S. Supreme Court for a variety of reasons.

One point of consideration was how justices would treat the New York case that limited who can get conceal carry permits in that state. Madigan repeatedly has urged Illinois to enact a concealed weapons law rather than miss the June 9 deadline set by the appellate court. The move puts her office and the Legislature on parallel tracks as the deadline gets closer.

The unresolved issue represented the only topic on which the two potential rivals for governor came close to sparring politically when they made highly anticipated separate appearances Monday at a real estate agents conference in Springfield.

Madigan is considering whether to run against Quinn in the 2014 Democratic primary, but both brushed aside questions about such a political showdown. Quinn called it inappropriate to talk "partisan politics" on the same day as the bombing at the Boston Marathon. Madigan said she has not decided whether to challenge Quinn.

Illinois is the only state in the nation without some form of a concealed weapons law, and Quinn said the federal ruling that ordered Illinois to enact one is "on the wrong track."

Missing the June 9 deadline for a concealed weapons law in Illinois could create havoc on the streets and in the legal system. An Illinois appellate court has disagreed with the federal appeals court that ordered the state to enact such a law, a development that could create different interpretations by authorities across Illinois.

But the federal appellate court's mandate to act on concealed carry has the General Assembly working fervently. Gun rights advocates and gun control supporters are trying to find a way to pass a bill that is bogged down because of regional differences over how to treat guns.

One key part of the Illinois debate is known as the "may/shall" issue. Gun rights advocates want it clear that permits shall be issued to anyone who fits within the letter of the law. But gun control lawmakers think it is better to have a "may issue" standard to give authorities discretion when there is a legitimate reason to prevent somebody from having a gun.

Rep. Brandon Phelps, a Harrisburg Democrat who has pushed for concealed weapons laws for years, said he does not think the U.S. Supreme Court's decision on Monday in the New York case would have any impact in Illinois.

"I don't think people in this state want politicians and bureaucrats deciding who gets permits," Phelps said.

National Rifle Association lobbyist Todd Vandermyde said the ruling Monday applies only to the New York region.

But Madigan said the Monday decision showed a "may issue" standard is constitutional.

"We're obviously hopeful that the Legislature listens to the court, and we want to make sure that they continue being diligent in the work that they're doing," said Madigan, a supporter of various gun control measures over her career.

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