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Thursday, May 8, 2014

Illinois State Police Violate Federal Mandate



 The Illinois state police are currently looking at a federal lawsuit because they have violated the law.
I.S.P. states they are following the letter of the law. I guess they failed to see along with state elected officials.

" The 2nd Amendment is the part of the United States Constitution. Which means the Constitution is the law of the land. The 2nd Amendment is a right not a privilege. A right given by our founding father's. While Illinois has a ban on firearms the ban is unconstitutional and is to have a ccw law in place with in the time frame that will be handed by this court. The right shall not be infringed upon in any way shape or form."
Diane Pamela Wood 7th Circuit Appeals Judge Chicago.


Yet Illinois politicians and the Governor put and sign a law that still infringes upon the right to carry.

This letter is from one of our readers who has kindly allowed us to use this letter as the example of what law abiding citizens are receiving.
First Illinois is a shall Issue state which means if you meet the criteria they have to issue a CCW. However on the application they ask the same questions that is on a FOID ( Firearms Owner Identification Card) but they use your entire criminal history past the 5 year criteria.
The local and county police can object to your application which is a violation of the 2nd amendment and places an infringement. The state then submits it to the Governors review panel which never informs you that there is an objection and tells you a date and time to appear to admit evidence on your behalf to show why you object to the objection hence violating your right. The state send you this letter and tells you to file an appeal for administrative review.  But they fail to tell you how many days you have to file. Worse yet a administrative review is suppose to be done by the director of I.S.P. not a judge making you spend 400.00 to file and even then you can not admit evidence on your behalf. Thus spending another 2grand on a lawyer to bring it back to court as a man from Skokie has done. Worse even yet they don't even tell you why you were denied. The state of Illinois has violated a federal mandate of the shall issue law by using the May Issue laws set forth by the federal government. People like our reader have multiple CCW from other states and even carries a professional licenses in the state of Illinois and other states such as Louisiana, Wisconsin, and New York to carry a firearm.

The law clearly states 430 ILCS 66/75/1-b

An applicant for a new license shall provide proof of


course or combination of

courses approved by the Department of at least 8 16 hours,

which includes range qualification time under subsection (c) of

this Section, that covers the following:

 (1) firearm safety;

        (2) the basic principles of marksmanship;

        (3) care, cleaning, loading, and unloading of a

    concealable firearm;

        (4) all applicable State and federal laws relating to

    the ownership, storage, carry, and transportation of a

    firearm; and

        (5) instruction on the appropriate and lawful

    interaction with law enforcement while transporting or

    carrying a concealed firearm.

    (c) An applicant for a new license shall provide proof of

certification by a certified instructor that the applicant

passed a live fire exercise with a concealable firearm

consisting of:

        (1) a minimum of 30 rounds; and

        (2) 10 rounds from a distance of 5 yards; 10 rounds

    from a distance of 7 yards; and 10 rounds from a distance

    of 10 yards at a B-27 silhouette target approved by the

    Department.

    (d) (Blank). An applicant for renewal of a license shall

provide proof of completion of a firearms training course or

430 ILCS 66/ 35 Sec. 35

Investigation of the applicant.

    The Department shall conduct a background check of the

applicant to ensure compliance with the requirements of this

Act and all federal, State, and local laws. The background

check shall include a search of the following:

        (1) the National Instant Criminal Background Check

    System of the Federal Bureau of Investigation;

        (2) all available state and local criminal history

    record information files, including records of juvenile

    adjudications;

        (3) all available federal, state, and local records

    regarding wanted persons;

        (4) all available federal, state, and local records of

    domestic violence restraining and protective orders;

        (5) the files of the Department of Human Services

    relating to mental health and developmental disabilities;

    and
(6) all other available records of a federal, state, or

local agency or other public entity in any jurisdiction

    likely to contain information relevant to whether the

    applicant is prohibited from purchasing, possessing, or

    carrying a firearm under federal, state, or local law.

        (7) Fingerprints collected under Section 30 shall be

    checked against the Department of State Police and Federal

    Bureau of Investigation criminal history record databases

    now and hereafter filed. The Department shall charge

    applicants a fee for conducting the criminal history

    records check, which shall be deposited in the State Police

    Services Fund and shall not exceed the actual cost of the

    records check.

(Source: P.A. 98-63, eff. 7-9-13.)

430 ILCS 66 / 60
Fees

(a) All fees collected under this Act shall be deposited as

provided in this Section. Application, renewal, and

replacement fees shall be non-refundable.

    (b) An applicant for a new license or a renewal shall

submit $100 $150 with the application, of which $70 $120 shall

be apportioned to the State Police Firearm Services Fund, $20

shall be apportioned to the Mental Health Reporting Fund, and

$10 shall be apportioned to the State Crime Laboratory Fund.

    (c) A non-resident applicant for a new license or renewal



shall submit $100 $300 with the application, of which $70 $250

shall be apportioned to the State Police Firearm Services Fund,

$20 $40 shall be apportioned to the Mental Health Reporting

Fund, and $10 shall be apportioned to the State Crime

Laboratory Fund.

    (d) A licensee requesting a new license in accordance with

Section 55 shall submit $35 $75, of which $20 $60 shall be

apportioned to the State Police Firearm Services Fund, $10 $5

shall be apportioned to the Mental Health Reporting Fund, and

$5 $10 shall be apportioned to the State Crime Laboratory Fund.

(Source: P.A. 98-63, eff. 7-9-13.)
 

    Section 99. Effective date. This Act takes effect upon

becoming law.


To Read more on this law click here


So now why is Illinois violating a court order I'll tell you why because they were told for every 1 CCW approved they have to deny 2. Is this true we don't know we can only speculate because the Director Hiram Grau has not confirmed nor denied this fact or fiction.

If you have been denied your CCW please use the address listed below the fee is $2,000.00 and make sure you file your $400.00 administrative review.
If you want to file a fee waiver and are a Cook County resident you must make between 15,000-19,000 a year or you will not qualify.
  Any updates our readers can give please let us know.

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