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Concealed Carrying of Weapons (CCW)
HB
462 & HB 5221 (Sponsored
by Representative Phelps)
–
Oppose
What
does it mean?
A CCW permit allows an individual to carry a loaded, hidden firearm in public. Since 1961, Illinois has prohibited the carrying of concealed firearms on the person in public.1 Illinois law currently allows individuals to carry firearms on their own land, in their abode, or in their fixed place of business and carrying firearms is permitted for target shooting and hunting.2
In addition, the passage of HB 182 on August 25, 2009, individuals with a valid Firearm Owner’s Identification (FOID)
card can now legally carry concealed weapons onto other people’s
property.3
What would it really do?
HB 462 and HB 5221, both sponsored by Representative Phelps, would repeal Illinois’ prohibition on carrying concealed firearms, including loaded firearms, in public. These bills would require law enforcement to issue a concealed weapon permit to any person meeting certain minimum and in some cases arbitrary qualifications, with limited discretion to determine who is fit to carry a gun.
How do the bills affect home rule authority?
These bills preempt the home rule authority of local governments to regulate concealed weapons. In fact, a local government would be required to pass an ordinance just to restrict guns in its own buildings.
What are the costs?
In this time of economic crisis, when our cash strapped state is
looking for ways to save money, these bills would impose a financial
burden on the Department of State Police who is tasked with
implementing and administering the CCW system.
What is the history of concealed carry in Illinois?
Year after year, Illinois policymakers reject concealed carry
legislation. Why? Because concealed carry endangers the public and
is strongly opposed by Illinois voters.
Who else is opposed to CCW in Illinois?
Illinois State Police (ISP), Illinois Association of Chiefs of
Police (IACP), Cook County Sheriff Tom Dart, Cook County State's
Attorney, American Academy of Pediatrics – Illinois, League of Women
Voters – Illinois, Voices for Illinois Children, National Council of
Jewish Women, Northwest Municipal Conference, Children’s Memorial
Hospital, and the Uhlich Children’s Advantage Network (UCAN).
What are the facts?
From May 2007 to February 2010, at least 139 people were killed
nationwide by concealed handgun permit holders. These victims
include law enforcement officers, family members, friends, and
strangers.4
-
Nine law enforcement officers were shot and killed by CCW permit holders.
- CCW permit holders murdered at least 130 private citizens.
- 13 mass shootings were committed by CCW permit holders.
The
evidence does NOT support the claim that CCW laws reduce crime.
Investigations in Florida and Texas found large numbers of criminals are
CCW permit holders.
An investigation by the South Florida Sun Sentinel found that
Florida CCW permit holders in the first half of 2006 included more than
1,400 individuals who had pleaded guilty or no contest to felonies, 216
individuals with outstanding warrants, 128 people with active domestic
violence injunctions against them, and six registered sex offenders.
8
Some specific examples of individuals with
criminal histories that the Sun-Sentinel identified as obtaining Florida
concealed handgun permits, include:
-
Garth F. Bailey, of Pembroke Pines, pleaded no contest to
manslaughter in 1988 for shooting his girlfriend in the head while she
was cooking breakfast. Eight years later, the state gave him a concealed
weapons permit.
-
John P. Paxton, Jr., then a resident of Deerfield Beach, pleaded
guilty to aggravated child abuse in 1993 for grabbing his four-year-old
nephew by the neck, then choking and slapping him for flicking the
lights on and off. Eight years later, he was issued a concealed weapons
permit.
-
John M. Corporal, of Lake Worth, pleaded guilty to aggravated
assault in 1998 for putting a chrome revolver against his roommate's
head during an argument. In 2002, he pleaded guilty to grand theft. In
February 2006, he was issued a concealed weapons permit.
A Los
Angeles Times investigation found that more than 400 criminals –
including rapists and armed robbers – had been issued CCW permits in
Texas. Thousands of Texas CCW permit holders had been arrested for
criminal behavior or found to be mentally unstable. Many of these
criminals committed crimes after getting their CCW permits.9 From
1996 to 2000, Texas concealed handgun permit holders were arrested for
hundreds of weapon-related offenses, which included:
-
279 arrests for assault or aggravated assault with a deadly
weapon;
-
671 arrests for unlawfully carrying a weapon; and
-
172 arrests for deadly conduct/discharge firearm.
1
720 Ill. Comp.
Stat. 5/24-1(a)(4).
2
720 Ill. Comp.
Stat. 5/24-1(a)(10).
3
720 Ill. Comp.
Stat. 5/24-1(a)(4);
720 Ill. Comp.
Stat. 5/24-1(a)(10); 20 Ill. Comp. Stat. 5/24-1.6(a)(1-2)
4
Violence
Policy Center, Total People Killed by Concealed Handgun Permit
Holders: May 2007 to Present, February 2010.
5
See, e.g., Daniel Webster & Jens Ludwig, Myths about
Defensive Gun Use and Permissive Gun Carry Laws, Berkeley
Media Studies Group (2000); and John J. Donohue, The Impact of
Concealed-Carry Laws, in Evaluating Gun Policy: Effects
on Crime and Violence (Jens Ludwig & Philip J. Cook eds., 2003).
6 Ian Ayres & John J. Donohue III,
Shooting Down the “More Guns, Less
Crime” Hypothesis, 55 Stan. L. Rev. 1193, 1285, 1296
(Apr. 2003); Ian Ayres & John J. Donohue III,
The Latest Misfires in Support of
the “More Guns, Less Crime” Hypothesis, 55 Stan. L. Rev.
1371, 1397 (Apr. 2003). Hepburn L, Miller M,
Azrael D, Hemenway D. The effects of nondiscretionary concealed
weapons carry permit laws on homicide. Journal
of Trauma 56:676-681
(2004).
7
National Research Council of the National Academies,
Firearms and Violence: A Critical
Review 7, 120 – 151 (2005).
8
Megan O’Matz, In Florida, It’s Easy to Get a License to Carry a
Gun, South Florida Sun-Sentinel, Jan. 28, 2007, at 1A.
9
William C. Rempel & Richard A. Serrano, Felons Get Concealed Gun
Licenses Under Bush’s ‘Tough’ Gun Law, L.A. Times, Oct. 3, 2000,
at A1.
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