Winnebago County, IL: Trying to allow concealed carry.

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stevemis

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http://www.rrstar.com/communities/x...d-members-propose-allowing-concealed-firearms

ROCKFORD —

Illinois and Wisconsin are the only two states in the country that do not allow citizens to carry concealed firearms.

At least two Winnebago County Board members would like to see that changed in Illinois, starting in Winnebago County.

Randy Olson, R-1, and Doug Aurand, D-3, plan to present a resolution to the County Board this month authorizing concealed carry within the boundaries of the county.

“I put it together a couple years ago,” Olson said of the resolution. “I had a few members ask me if I would revive it, and I just tweaked it.”

The resolution is a 10-page document that outlines applicant guidelines and procedures before the sheriff issues a permit such as: being at least 21 years of age, a resident of the county for at least six months, passing a criminal-background check, completing a firearm safety training course and not having a history of mental illness or violent behavior.

Rockford, the largest municipality in the county, annually ranks at the top with highest crime rate in the state.

“States with right-to-carry laws have lower overall violent crime rates compared to states without right-to-carry laws,” the resolution states. Citing 1996 crime data from the FBI’s Uniform Crime Reports, the resolution went on to say that in states that allow concealed carry, the total crime rate is 13 percent lower, homicides were down 3 percent, robberies were down 26 percent and aggravated assaults were down 7 percent.

“I did a lot of research on it,” Olson said. “A lot of counties have tried to do gun bans, but I don’t know if anyone has done countywide concealed carry.”

Aurand said he presented the resolution to the Democratic Caucus on Monday.

“I just asked them all to read it over, and hopefully, this will come to the board floor,” he said. “I’ve been a long believer to allow concealed carry. It’s a proven fact that crime has gone down in any state that has provided concealed weapons.”

Olson and Aurand said Winnebago County Sheriff Dick Meyers already possesses the authority to issue permits to citizens.

“This is just giving him direction,” Olson said.

Gary Kovanda, Winnebago County first deputy state’s attorney, learned of the resolution today and questioned that authority.

“I’d like to find out what authority they base that on,” he said. “To my knowledge, the county has no authority to supersede state law. The state has not passed (concealed carry) such a law.”

Concealed carry exemptions are restricted to sworn law enforcement, “private security guards, state’s attorney investigators and things like that,” Kovanda said. According to state statute 720 ILCS 5/24‑1, citizens can be charged with unlawful use of weapons if they are found to be carrying or possessing a weapon on or about his person on a public street, alley, or other public lands within the corporate limits of a city, village or incorporated town.

Meyers also recently learned of the resolution, and he, too, questions its legality.

“Can you pass that legislation at a county level? How does this stack up against the state law? Would it be enacted in the unincorporated area only or in all the municipalities?”

If the County Board is allowed to enact a resolution, Meyers said he would like to see training guidelines standardized throughout the state.

“You have 102 different counties, 102 different sheriffs, and there will be 102 different ways to do this,” he said. “If you are going to do something, do it statewide.”
 
From the Illinois constitution.
SECTION 6. POWERS OF HOME RULE UNITS
(a) A County which has a chief executive officer elected
by the electors of the county and any municipality which has
a population of more than 25,000 are home rule units. Other
municipalities may elect by referendum to become home rule
units. Except as limited by this Section, a home rule unit
may exercise any power and perform any function pertaining to
its government and affairs including, but not limited to, the
power to regulate for the protection of the public health,
safety, morals and welfare; to license; to tax; and to incur
debt.

I think a very good argument can be made that a home rule unit could allow CC within its borders.
 
Illinois and Wisconsin

are the only two states in the country that do not allow citizens to carry concealed firearms."

Try to get a permit in Maryland!!!!!!!!!! :banghead:

GOV
 
If their allowed to do this then wouldn't another county have the opposite ability to outlaw guns altogether????? Both of which contridict state law?????

"What's good for the goose is good for the gander".....
 
If their allowed to do this then wouldn't another county have the opposite ability to outlaw guns altogether????? Both of which contridict state law?????

"What's good for the goose is good for the gander".....
Home rule unit authority only applies within the geographic boundries of the home rule unit.
 
ilbob said;
I think a very good argument can be made that a home rule unit could allow CC within its borders.

You should have read all the way down to subparagraph (i):

http://www.ilga.gov/commission/lrb/con7.htm
SECTION 6. POWERS OF HOME RULE UNITS
(a) A County which has a chief executive officer elected
by the electors of the county and any municipality which has
a population of more than 25,000 are home rule units. Other
municipalities may elect by referendum to become home rule
units. Except as limited by this Section, a home rule unit
may exercise any power and perform any function pertaining to
its government and affairs including, but not limited to, the
power to regulate for the protection of the public health,
safety, morals and welfare; to license; to tax; and to incur
debt.
(b) A home rule unit by referendum may elect not to be a
home rule unit.
(c) If a home rule county ordinance conflicts with an
ordinance of a municipality, the municipal ordinance shall
prevail within its jurisdiction.
(d) A home rule unit does not have the power (1) to
incur debt payable from ad valorem property tax receipts
maturing more than 40 years from the time it is incurred or
(2) to define and provide for the punishment of a felony.
(e) A home rule unit shall have only the power that the
General Assembly may provide by law (1) to punish by
imprisonment for more than six months or (2) to license for
revenue or impose taxes upon or measured by income or
earnings or upon occupations.
(f) A home rule unit shall have the power subject to
approval by referendum to adopt, alter or repeal a form of
government provided by law, except that the form of
government of Cook County shall be subject to the provisions
of Section 3 of this Article. A home rule municipality shall
have the power to provide for its officers, their manner of
selection and terms of office only as approved by referendum
or as otherwise authorized by law. A home rule county shall
have the power to provide for its officers, their manner of
selection and terms of office in the manner set forth in
Section 4 of this Article.
(g) The General Assembly by a law approved by the vote
of three-fifths of the members elected to each house may deny
or limit the power to tax and any other power or function of
a home rule unit not exercised or performed by the State
other than a power or function specified in subsection (l) of
this section.
(h) The General Assembly may provide specifically by law
for the exclusive exercise by the State of any power or
function of a home rule unit other than a taxing power or a
power or function specified in subsection (l) of this
Section.
(i) Home rule units may exercise and perform
concurrently with the State any power or function of a home
rule unit to the extent that the General Assembly by law does
not specifically limit the concurrent exercise or
specifically declare the State's exercise to be exclusive.

(j) The General Assembly may limit by law the amount of
debt which home rule counties may incur and may limit by law
approved by three-fifths of the members elected to each house
the amount of debt, other than debt payable from ad valorem
property tax receipts, which home rule municipalities may
incur.
(k) The General Assembly may limit by law the amount and
require referendum approval of debt to be incurred by home
rule municipalities, payable from ad valorem property tax
receipts, only in excess of the following percentages of the
assessed value of its taxable property: (1) if its population
is 500,000 or more, an aggregate of three percent; (2) if its
population is more than 25,000 and less than 500,000, an
aggregate of one percent; and (3) if its population is 25,000
or less, an aggregate of one-half percent. Indebtedness which
is outstanding on the effective date of this Constitution or
which is thereafter approved by referendum or assumed from
another unit of local government shall not be included in the
foregoing percentage amounts.
(l) The General Assembly may not deny or limit the power
of home rule units (1) to make local improvements by special
assessment and to exercise this power jointly with other
counties and municipalities, and other classes of units of
local government having that power on the effective date of
this Constitution unless that power is subsequently denied by
law to any such other units of local government or (2) to
levy or impose additional taxes upon areas within their
boundaries in the manner provided by law for the provision of
special services to those areas and for the payment of debt
incurred in order to provide those special services.
(m) Powers and functions of home rule units shall be
construed liberally.
(Source: Illinois Constitution.)

The legislature has already established that concealed carry is a crime. A felony no less. This isn't a case of a home rule unit making it's own law that is more restrictive then the state law, like some of the transportation and possession laws, this is a case of a home rule unit saying that what the state legislature says is a serious crime, isn't a crime at all within the boundaries of the home rule entity. I don't believe there is a court in the state that would rule a home rule entity had the right to strike a law from the Illinois Compiled Statutes. It would be the equivalent of saying that murder or child abuse was not a crime within the boundaries of a home rule entity. Even the Chicago legislators, pay lip service to respecting the constitution by writing exemptions for the city of Chicago or Cook County or any municipality with a population of 350,000 into state law when the rest of the state wants something they don't.

However on the other hand, this is a good thing for our side. Not because it has a chance of being successful, because it doesn't, but because it sends a message to Chicago (where the governor claims the seat of government is) that the rest of the state is moving in a different direction. Add this to the counties that passed resolutions calling on the legislature not to pass any more gun control and it's two small but important steps in the past year.

Jeff
 
If their allowed to do this then wouldn't another county have the opposite ability to outlaw guns altogether????? Both of which contridict state law?????

That's already been partially done. Look at Cook county's "assault weapons" ban. Supposedly anything with a 11+ round magazine is a deadly assault weapon used to kill innocent people.
 
I wish you guys good luck but I would'nt count on it you live in 2 dumb ass liberal states with stupid liberal politicians you need to move to better states that don't do the stupid liberal routines
 
What we need to do is make it so the problem disappears, allowing nation-wide concealed carry. Leaving a problem to fix itself never works and only makes other problems show up. If this problem doesn't get fixed at the source, it could just as easily move to Mississippi. We need all the help we can get here in Illinois.
 
“You have 102 different counties, 102 different sheriffs, and there will be 102 different ways to do this,” he said. “If you are going to do something, do it statewide.”

thats how they do things here in NC... 100 counties, 100 different ways to apply for a CCP... its such a headache
 
You should have read all the way down to subparagraph (i):
The state has not declared regulation of firearms to be the exclusive domain of the state so I am not sure that paragraph applies.

I do think it is likely that a court challenge would be the result. I have no idea how the courts would react, although they have given a lot of leeway to home rule units in other areas.
 
I wish you guys good luck but I would'nt count on it you live in 2 dumb ass liberal states with stupid liberal politicians you need to move to better states that don't do the stupid liberal routines

Or maybe they could stay there, make friends, influence people and end up voting some good guys into office and get the laws changed?

I think it's a great idea even if it gets struck down at the state level because it will send a message. We've got SanFranFreako and Philly trying to make their own prejudiced laws in defiance of state law, why can't it go the other way?
 
Rockford does not enjoy home rule, having given it up years ago to stop local officials from raising local taxes without limit. Rockford needs to go the State legislature for many issues, including authority to change taxes. It seems incredible that a city would choose to give up its authority to determine its own future, but thats exactly what Rockford, IL has done (long before I moved here). I think its a great attempt by the individuals involved, but I am not too optimistic about either its success as a county resolution or its legality in the State of Illinois.
 
the people of Rockford voted home rule out to restrict government. thats a very good thing. we have more than enough government. we need much less of it, not more of it.
 
If their allowed to do this then wouldn't another county have the opposite ability to outlaw guns altogether????? Both of which contridict state law?????

Not according to the 2nd ammendment... But Cook County surely would if they could.
 
However on the other hand, this is a good thing for our side. Not because it has a chance of being successful, because it doesn't, but because it sends a message to Chicago (where the governor claims the seat of government is) that the rest of the state is moving in a different direction. Add this to the counties that passed resolutions calling on the legislature not to pass any more gun control and it's two small but important steps in the past year.
Agreed. Symbolic, but significant.
 
I live in Minnesota, by its nature and past history, one of the most Democratic and Liberal voting states in the Union, yet we worked, cajoled, fought and won a VERY good P2C legislation that is arguably the best of all the Shall Issue state bills.

I think the best single way to win in Illinois is to break up cook county. There are efforts by many in the suburbs to leave Cook and join or create a new county. Once the Machine looses power, change can happen. L


Look for "Lincoln County" on google or other places.

And while many people may not get a permit in places like NJ, NYS, MD, and others, THERE IS at least a process in place from which to start.
 
What Picard said about nation-wide CC;your friends at the NRA are working on this one as we speak.It would allow CCW permit recipriocity among ALL states,similar to the fuel tax recipriocity for trailer-trucks,saving them to have permits for each state.Correct me if I'm wrong,but some states already have CCW recipriocity agreements with other states.Having national recipriocity WOULD simplify things.
 
If you take a look at that linked thread you'll see that the Winnebago County Board meeting went well. Almost all board members are apparently on board with the concept, and they'll next schedule a public meeting. I intend to be at that one (it's a long drive, but school's out on Friday) in an IGOLD shirt.

Once again, I don't see how this can work, if we define "work" as creating a working, legal CCW system in Winnebago County. I put the question to the attorney who answers legal questions on the local AM radio station ("Let's Talk Law" on WMAY 970) and unfortunately, he wasn't very encouraging. He agrees that state law will rule here.

HOWEVER, imagine passing these resolutions in more than one county. Imagine the NRA getting involved (some supporters say they've contacted the NRA and there was some interest) with their money and clout. Imagine the sponsors of CCW bills like HB1304 being able to show the fence-sitters a list of counties that have passed these CCW ordinances. It's all leverage.
 
Yeah, hopefully it'll have a snowball effect, isolating Chicago and Cook county, which have some of the strictest gun laws that do absolutely nothing.
 
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