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Wednesday, April 16, 2014

Illinois still is violating constitutional law











 Mary Flowers 31st District Illinois state Representative
I Voted against Concealed Carry knowing a majority of them are PRO-GUNN

Christine Radogno 
State Republican Leader 41st District
State Senator
I voted for Concealed Carry in Illinois  







Illinois states that it is a SHALL ISSUE state but reserves the right to deny applicants as the state is a MAY ISSUE. I think Illinois politicians need to know what the meaning is between the two. Well do I have a update for you. One of our readers who applied and sent us his denial letter went and filed in court today for a administrative review. but did not meet the fee waiver requirements. So he walked in to room 802 in the Daley center to file but was told it will cost 400 bucks. This man can not afford 400 bucks that is why he wanted the fees waived. So then he informed us that he notified these two lovely ladies for some help which we hope that they do help him.

But the reason for this blog today is because this same reader stated that there were over 150 people all with out of state CCW's that were denied. I have to ask did these people fall under the Shall Issue guidelines, I would think so or they would not be filing appearances. out of 150 75 of them walked away as they could not afford to file. Wait what they walked away so the state infringed upon the rights by using the may issue criteria as part of a shall issue.

SHALL ISSUE
 States with "shall issue" systems require a license or permit to carry a concealed handgun, and applicants must meet certain well defined objective criteria. However, unlike "may issue" systems, a "shall issue" state removes all arbitrary bias and discretion, compelling the issuing authority to award the permit. These laws require that the empowered authority “shall issue” a permit to applicants who meet the criteria defined by law. Generally, the criteria for issuance of a license include proof of residency within the state, a minimum age, fingerprints for a background check, no record of mental illness or adjudication of mental defect by a court, proof or certification from an acceptable handgun safety class (including live-fire range qualification exercises to demonstrate safe and acceptable proficiency), and submitting the required application fee.
 
So why is Illinois denying people because some folks have been brought to court under false pretence with order's of protections. Illinois is using this in order to deny the applicants right, but were in the law above says the state can do that? I don't see anything.

This is the correct criteria for a shall issue for ILLINOIS which has declare to be by the state, which is highlighted in yellow.

A Valid Driver’s License or State Identification card.
A valid FOID card.
A head and shoulder electronic photograph taken within the last 30 days.
Be able to provide the last ten years of residency.
Fingerprints – Electronic fingerprints will expedite your application! Specify to the Live Scan vendor
that your fingerprint application is for the Concealed Carry application (ORI = IL920707Z, Purpose
Code = CCW).
NOTE: Applicants will be assigned a transaction control number (TCN) at the time of fingerprinting
and will be required to retain that TCN to complete the application.
$150.00 payable with a credit card or electronic check.
The FCCL will be valid for 5 years.

MAY ISSUE
States with these systems require a license or permit to carry a concealed handgun, issuance of such is at the discretion of local authorities, the issuing authority "may" issue a permit if the citizen meets certain criteria, and the likelihood of issuance within a may-issue state can range, for all practical purposes, from no-issue to a sure thing, for qualified applicants. California and New York county authorities are given a lot of latitude in determining whether a license or permit will be issued. California ranges from a no-issue in areas like San Francisco, to nearly shall-issue environment in rural counties. Connecticut law provides authorities very limited discretion in the issuance of a permit. Maryland law allows citizens to apply for a permit, but if you don't have law enforcement or political connections it is extremely rare that one will be issued (making it effectively a non-issue state). Alabama, by law, is a may-issue state, but Alabama county sheriffs issue permits to almost all qualified applicants.

But Illinois uses the factors below in green highlight as to deny ones CCW which falls under a MAY ISSUE state not SHALL ISSUE. If the state falls under may issue then yes the below is sufficient enough to deny.

A person is not eligible for a FOID card , and thus not eligible for a CCL, if he or she: (1) is prohibited from possessing firearms or ammunition by any state or federal law; (2) has been convicted of a felony; (3) is addicted to narcotics; (4) has been a patient in a mental health facility in the past five years; (5) is intellectually disabled; (6) is admitted to the U.S. under a non-immigrant visa; (7) is an undocumented immigrant; (8) is subject to an order of protection prohibiting him or her from possessing a firearm; (9) has been convicted within the past five years of battery, assault, aggravated assault, or a violation of an order of protection in which a firearm was used or possessed; (10) has been convicted of domestic battery or aggravated domestic battery; (11) has been adjudicated a delinquent minor for an offense that would be a felony; (12) has been adjudicated as a mentally disabled person; (13) has been involuntarily admitted into a mental health facility; (14) is developmentally disabled; or (15) has a mental condition that poses a clear and present danger to the applicant, any other person, or persons of the community.
Additional requirements. In addition to meeting the FOID card requirements, a CCL applicant: (1) must be at least 21; (2) must not have been convicted of a misdemeanor involving the use or threat of physical force or violence or two or more DUI violations within five years of the application; (3) must not be the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification to own or possess a firearm; (4) must not have been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the five years prior to application; and (5) must have successfully completed the required firearms training.8
If the Department issues a denial or fails to act on an application within 90 days of receipt, the applicant may appeal to the director of the Department for a hearing. All final decisions of the Department are subject to judicial review.

But Illinois stands as a SHALL ISSUE so why are they denying people who are not convicted felons the right to carry. Well I will tell you why because deep down Illinois politicians like Mary Flowers thinks that having no guns will protect people when in actuality criminals don't give a rates ass about the law that is why they are called criminals. Secondly people have to carry a firearm for protection since all the Illinois Politicians want to do is raise taxes to feed their pockets and could careless about hiring more cops so we have to police and protect ourselves. 
I am now asking for lawyers who read this to stand up and help the ones that have been denied to file a class action lawsuit against the state of ILLINOIS and it's elected officials for still infringing upon Constitutional rights.  

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