Court Strikes Down Illinois Concealed Carry Ban

Court Strikes Down Illinois Concealed Carry Ban
Published: 16 Dec, 2012
2 min read

(Credit: Chicago Tribune)

In one of the more contentious issues in the United States today, a federal court struck down the Illinois concealed carry ban, the last state without some form of a concealed carry permit. The state legislature now has 180 days to write a law of its own.

Concealed carry, an important issue among gun-rights advocates, would allow gun owners to carry their weapons, often a handgun, in a holster on or near his or her body. A concealed carry permit is usually accompanied by a training course.

Among concealed carry proponents, the issue is a matter of defending oneself outside the home because criminals can strike anywhere. Its opponents contend that increased gun ownership leads to increased violence and concealed carry only exacerbates the likelihood that a domestic dispute will escalate to include fatalities.

Gun control advocates like Illinois Attorney General Lisa Madigan, a Democrat who is often mentioned as a future candidate for US Senate or governor, face a decision about what to do next. The state legislature will soon begin crafting legislation while the attorney general has the option of appealing to the US Court of Appeals.

Illinois governor Pat Quinn, also a Democrat, plans to let Madigan make the decision about appeal, but said he wants "reasonable restrictions," which would include prohibiting people with a history of mental illness from obtaining concealed carry permits. Quinn also seeks a ban on "military-style assault weapons."

Gun control is a unique issue in Illinois in part because of the geography of the state. Stretching from north to south, Illinois is greatly influenced by Chicago Democrats like Madigan who favor strong gun control, but downstate Democrats in more conservative parts of the state tend to favor less gun control.

By appealing to a higher court, Madigan risks alienating a constituency she may need if she plans to move up in Illinois politics.

The state legislature still has the option of writing stringent legislation that may still effectively ban concealed carry in Illinois. House Majority Leader Barbara Flynn Currie replied to the ruling, "The proponents of concealed carry have not yet carried the day" and in the other 49 states in which concealed carry exists, there are different classes.

IVP Donate

One is "Unrestricted," in which there are basically no restrictions and weapons may even be carried openly. There are also "Shall-Issue" and "May-Issue" states where there are varying levels of discretion given to state and local governments to issue concealed carry permits that includes rejecting certain individuals.

Illinois' gun control advocates urge the legislature to adopt a permit like the one in New York state, which is notoriously stingy in its distribution of permits.

Depending on the source, Illinois ranks fairly high in terms of gun violence, so it remains unclear what effect the defeated concealed carry ban will have. However, the ruling almost guarantees that the debate will continue.

You Might Also Like

Why Neither Side Wants the Truth About Voter ID
Why Neither Side Wants the Truth About Voter ID
Voter ID is treated like a five-alarm fire in American politics. That reaction says more about our dysfunctional political system than it does about voter ID itself. ...
06 Feb, 2026
-
3 min read
Oklahoma Independents Drive Massive Push to Open Primaries With State Question 836
Oklahoma Independents Drive Massive Push to Open Primaries With State Question 836
While much of the U.S. was slammed with severe winter weather over the weekend, volunteers for Oklahoma State Question 836 – which would end the use of taxpayer-funded closed primaries – made a final push to get their campaign to over 200,000 petition signatures....
27 Jan, 2026
-
3 min read
NEW POLL: California Governor’s Race Sees “None of the Above” Beat the Entire Democratic Field
NEW POLL: California Governor’s Race Sees “None of the Above” Beat the Entire Democratic Field
A new statewide poll conducted by the Independent Voter Project finds California’s independent voters overwhelmingly support the state’s nonpartisan primary system and express broad dissatisfaction with the direction of state politics....
12 Jan, 2026
-
4 min read