Tue July 15, 2014
New Rules For Deciding Who Can't Carry Concealed Weapons
A year after Illinois legalized concealed carry, new rules are out to determine the process for deciding who can't carry a gun in public. The Illinois State Police issued the emergency rules this week.
Not just anyone can carry a gun right off the bat. You have to get a license, which entails passing muster with local law enforcement and the Illinois State Police; they can deny applicants.
Then there's the Concealed Carry License Review Board, which reviews those objections. It's a process that's led to scores of lawsuits against the board -- applicants who say they were unfairly denied a license, given no reason for why they were denied, even cases of mistaken identity.
In a memo, the State Police Director Hiram Grau cites these lawsuits as a reason for the emergency rules. "It is anticipated," he writes "that the volume of litigation will continue until the statutory framework is bolstered by a regulatory process."
Under the new rules, persons denied a concealed carry license will learn the reason, and be told what law enforcement agency made that determination. They then have to hurry to find evidence that proves they're not a danger to themselves or others or a threat to public safety -- they get ten days to make their case to the board.
It's not clear, though, if the new rules will satisfy gun rights' groups demands for due process, or what it will mean for the ongoing litigation.