Gun-carry backers sue Illinois

State lawmakers recently rejected concealed-carry law

By Bruce Vielmetti of the Journal Sentinel May 14, 2011 |

As Wisconsin lawmakers consider allowing residents to carry concealed guns, the only other state that currently prohibits the practice - and recently rejected a bill to allow it - now faces a federal lawsuit over its ban.

The Bellevue, Wash., Second Amendment Foundation and two Illinois residents last week asked a federal court to declare unconstitutional Illinois' ban on both concealed and open carry of firearms for protection.

"Other states impose various conditions and regulations on the carry of firearms - such as background requirements, license requirements, training and qualification standards, and requirements that firearms be carried in particular manners - but they all make some provision that allows law-abiding citizens to carry guns," the lawsuit states.

"In Illinois, only private citizens who can afford licensed private security details may have the benefit of an armed defense."

The individual plaintiffs are Michael Moore, a 60-year-old Champaign grandfather of four and a jail superintendent, and Charles Hooks, a 62-year-old farmer from Percy. Each has a valid Firearm Owners Identification Card, a requirement for gun owners in Illinois. Each contends he would carry handguns in public for self-defense, if Illinois laws allowed it.

Named as defendants in the suit are Illinois Attorney General Lisa Madigan and Illinois State Police Superintendent Patrick Keen.

A proposed concealed carry law failed in the Illinois House of Representatives earlier this month over regional, not partisan, differences. Chicago lawmakers generally opposed it, downstate members supported it and a split among suburban representatives prevented the bill from getting the necessary supermajority it needed to pass.

In a news release announcing the lawsuit, Second Amendment Foundation Vice President Alan Gottlieb noted that, "Even in Wisconsin, where there is no concealed carry statute, the state attorney general has recognized that open carry is legal."

Many expect that concealed carry soon will also be legal in Wisconsin. One proposal here would require residents to get a permit; another would require someone to carry proof of two hours of training in firearm safety to legally conceal a gun; and a third would allow anyone who could legally own a gun to carry it concealed, without any kind of permit process or training.

Many gun rights activists prefer the last option, which they call constitutional carry. Other people said they could support concealed carry only if it were more regulated.

Still others oppose the concept of concealed carry.

Public hearings were held last week in Madison and Wausau and drew much support, but lawmakers also heard from opponents who said they couldn't back any bill that might introduce more guns to the streets, even if carried by law-abiding citizens.

http://www.jsonline.com/news/wisconsin/121842219.html