Publications

Articles on Firearms

Gun offenders face stricter sentencing guidelines for unlawful use or possession of firearms

September
2017
Illinois Law Update
Page 18
A felon convicted of unlawful use or possession of a firearm shall be sentenced to a term of imprisonment not less than 7 years but not more than 14 years.

Concealed Carry Licensing Review Board’s standard does not violate the Second Amendment and is not unconstitutionally vague

August
2017
Illinois Law Update
Page 18
The first appellate district upheld the Illinois State Police (ISP) and the Concealed Carry Licensing Review Board's rejection of plaintiff's application for a concealed carry license under the Firearm Concealed Carry Act.

JCAR adopts new FOIA rules to comply with recent statutory amendments

May
2017
Illinois Law Update
Page 16
With this rulemaking, the Joint Committee on Administrative Rules (JCAR) repealed and replaced its rules and procedures pertaining to access to its records to comply with the most recent amendments to the Freedom of Information Act.

Senate bill aims to limit law enforcement agency objections to concealed carry license applicants

August
2016
Illinois Law Update
Page 18
Currently, the Firearm Concealed Carry Act (430 ILCS 66/15) allows any law enforcement agency to submit an objection to the Department of State Police before an application is considered by the Concealed Carry Licensing Review Board.

The Mental Health and Developmental Disabilities Code reporting requirements and firearm regulations were amended for developmentally disabled persons

March
2016
Illinois Law Update
Page 26
The Mental Health and Developmental Disabilities Code was amended to change reporting requirements and gun control laws related to developmentally disabled persons.

Aggravated unlawful use of a weapon statute’s FOID card and minor provisions are severable from its unconstitutional provisions

October
2015
Illinois Law Update
Page 18
On July 13, 2015, the Illinois Supreme Court held that sections 24-1.6(a)(1), (a)(3)(A), and (d)(2) of the aggravated unlawful use of a weapon ("AUUW") statute are unconstitutional.

Gun trusts grow more popular with firearms enthusiasts

By Matthew Hector
September
2015
LawPulse
Page 12
Gun trusts, a useful but controversial estate planning tool, can enable trust users to obtain federally restricted firearms without meeting some requirements imposed on individuals.

Possession of a firearm and ammunition deemed separate offenses

September
2015
Illinois Law Update
Page 18
On February 20, 2015, the supreme court held that the unlawful use of weapons ("UUW") by a felon statute authorizes the State to charge the possession of a firearm and the possession of ammunition as separate offenses.

Retired law enforcement officers’ concealed carry permit program

May
2015
Illinois Law Update
Page 16
To comply with Section 926C of the federal Law Enforcement Officer Safety Act ("LEOSA"), 18 U.S.C. § 926C(c)(4), the Illinois Law Enforcement Training and Standards Board ("Board") has adopted new rules regarding the issuance of concealed carry permits to qualifying retired law enforcement officers.

Concealed Carry Licensing Review Board meetings, policies, and reporting requirements

April
2015
Illinois Law Update
Page 16
When it became effective on July 9, 2013, the Firearm Concealed Carry Act, 430 ILCS 66/1 et seq., created the Concealed Carry Licensing Review Board ("CCLRB") to consider objections to an applicant's eligibility to obtain a concealed carry license.

High court overturns categorical ban on carrying loaded guns on a ‘public way’

By Matthew Hector
April
2015
LawPulse
Page 10
The Illinois Supreme Court ruled recently that the state can't categorically forbid carrying an uncased, loaded gun on a "public way" - but that banning minors or non-FOID-card holders from possessing weapons is a different story.

FOID card procedures revised

April
2014
Illinois Law Update
Page 168
The Department of State Police (the "Department") amended its Firearm Owners Identification ("FOID") card policies, making changes to the application procedure, expiration of the FOID card, sponsorship of a minor, the return of FOID cards, the process of appealing application denials, and reporting requirements for "clear and present danger." 20 Ill. Adm. Code 1230 (eff. Dec. 31, 2013).

New electronic fingerprint requirements for certain concealed carry applicants

February
2014
Illinois Law Update
Page 68
Under the recent concealed carry law, law enforcement agencies are able to submit objections to license applications based upon a reasonable suspicion that an applicant is a danger to himself or the public safety. 430 ILCS 66/15.

New wild turkey hunting regulations

February
2014
Illinois Law Update
Page 68
The Department of Natural Resources passed amendments to the turkey hunting regulations for gun and archery season. 17 Ill. Adm. Code 715, 720 (eff. Nov. 14, 2013).

Federal law impliedly allows Illinois courts to remove federal bans on firearm possession resulting from state convictions

December
2013
Illinois Law Update
Page 612
On September 12, 2013, the Illinois Supreme Court held that Illinois courts can remove federally imposed firearm bans for persons with state convictions by following the procedures in the Illinois Firearm Owners Identification Card Act ("FOID Card Act"), 430 ILCS 65/10(c).

The New Illinois Concealed Carry Law

By Caitlyn G. McEvoy
December
2013
Article
Page 620
Key provisions of concealed carry take effect next month. Here's a practical guide to the new law.

Defense attorneys challenge gun-possession convictions after high court ruling

By Adam W. Lasker
November
2013
LawPulse
Page 554
In Aguilar, the Illinois Supreme Court overturned a law prohibiting gun possession outside the home. Criminal-defense attorneys are seeking to undo convictions based on the statute.

Employers and Concealed Carry; Mortgage Scams

October
2013
Column
Page 535
It's time for employers to start designing workplace rules to accommodate concealed carry.

Concealed carry now law in Illinois. PA 098-0063

September
2013
Illinois Law Update
Page 452
By enactment of the Firearm Concealed Carry Act, the state of Illinois may now issue licenses to carry concealed firearms to individuals 21 years of age and older who meet certain minimum qualifications and application requirements.

Despite 7CA ruling, Illinois judges not dismissing concealed-carry cases

By Adam W. Lasker
March
2013
LawPulse
Page 118
According to a lawyer monitoring such cases, local judges are unlikely to stop enforcing the ban until this summer, the state's deadline for enacting a law that passes Second Amendment muster.

Changes to Firearm Owners Identification Card procedures for certain individuals. PA 097-1131

February
2013
Illinois Law Update
Page 72
A number of Acts related to the Firearm Owners Identification Card ("FOID card") have been changed to add new procedures and restrictions for individuals holding such cards and law enforcement agencies responsible for administering them.

Illinois residents may purchase ammunition in Illinois through the mail. PA 097-1135

February
2013
Illinois Law Update
Page 72
Illinois lawmakers have amended the Hospital Licensing Act's required minimum procedures regarding "clinical privilege determinations" for hospitals' current medical staff members. 210 ILCS 85/10.4.

Registration of vehicles used in gunrunning may be suspended. PA 097-0540.

November
2011
Illinois Law Update
Page 556
Illinois lawmakers have amended the Illinois Vehicle Code to address the registration status of vehicles used in gunrunning violations (625 ILCS 5/3-704).

Illinois General Assembly penalizes carrying of firearms and ammunition by street gang members. PA 096-0829

August
2010
Illinois Law Update
Page 400
The Illinois General Assembly amended the criminal code regarding aggravated unlawful use of a weapon to include specific penalties for the unlawful possession of a fi rearm by a street gang member.

New felony for using a stolen firearm to commit a crime. PA 096-0190

February
2010
Illinois Law Update
Page 72
Criminals who commit crimes with stolen guns now can be charged with a new Class 2 felony - use of a stolen firearm in the commission of an offense.

Aggravated battery with a firearm law now protects students; Unlawful use of weapons law extends protection to public transportation facilities. Public Act 096-0041

January
2010
Illinois Law Update
Page 16
State lawmakers amended the charge for aggravated battery with a firearm to include protection for students.

Firearm owner’s Id revoked for subjects of order of protection. PA 096-0701

December
2009
Illinois Law Update
Page 604
Individuals with orders of protection issued against them soon will have their Firearm Owner's Identification (FOID) Card revoked, requiring them to surrender their guns to a local law enforcement agency for safekeeping.

Correspondence from Our Readers

October
2008
Column
Page 490
The Second and Fourteenth Amendments

District of Columbia v Heller: The Death Knell For Illinois Handgun Bans?

By Christopher Keleher
August
2008
Article
Page 402
The U.S. Supreme Court's robust reading of the right to keep and bear arms places handgun-banning ordinances in peril.

State police amend procedures under Firearm Owner’s Identification Card Act

September
2003
Illinois Law Update
Page 436
The Department of Illinois State Police has adopted amendments that affect the issuance of firearm owner's identification cards and clarify the definition of an "antique firearm."

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