Don’t Get Carried Away: Prohibited Areas Under Illinois’ New Concealed Carry Bill
While
Ill. H.B.
183 would allow licensed Illinoisans to carry concealed handguns for the
first time, this Act (presently under consideration by the Governor) would
prohibit the carrying of any firearm in a number of prohibited areas. Many of these
areas are properties owned or operated by units of local government. Prohibited
areas include:
- schools
- areas within 1,000
feet of school grounds
- day cares
- government buildings
- jails
- hospitals
- public transit
vehicles
- establishments
primarily serving alcohol
- public gatherings
requiring a local permit
- playgrounds
- parks
- universities
- racetracks and
casinos
- stadiums
- libraries
- airports
- amusement parks
- zoos
- museums
The
proposed Act requires standardized 4’ x 6’ signs approved by the Illinois State
Police to be “clearly and conspicuously posted at the entrance” of the
prohibited area (except for private residences), but does not identify who is
responsible for posting the sign, or whether the failure to post a sign will
affect the validity of the prohibition on firearm possession. Since the
proposed Act will be immediately effective, units of local government may want
to identify the prohibited areas they control, and post their own interim
notices prohibiting firearms on the premises, at least until the
Illinois State Police adopts rules to produce the required standardized signs.
Additionally,
when a municipality issues a permit for a parade, festival, or “any public
gathering or special event conducted on property open to the public,” the
permittee should be required to prohibit firearms and post the
required signs. This “public gathering” prohibition does not apply to persons
who must walk through the gathering in order to access his or her residence,
place of business, or vehicle.
Finally,
municipalities should consider whether the prohibited areas in the proposed Act
are the only locations where they would like firearms, other than handguns and assault weapons, to be prohibited. Although the
preemption provisions in the proposed Act generally limit municipalities from adopting restrictions on handguns that would be stricter than those contained in the Act, the Act does not restrict local regulations on other types
of firearms. Municipalities may also adopt regulations regarding the possession and ownership of assault weapons, on or before 10 days of the effective date of the law.
Post Authored by Daniel J. Bolin, Ancel Glink
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