U.S. Supreme Court Rejects Illinois Concealed Carry Appeal

 Posted on February 17, 2017 in Uncategorized

The state of Illinois has long been known for its strict laws regarding the ownership of firearms and other issues related to weapons. In fact, Illinois was the last state in the nation to even create a process for issuing concealed carry permits, doing so in 2012 only after a federal appeals court found that the state’s prohibition of concealed carry permits violated the Second Amendment to the U.S. Constitution. The issue has been back in the news in recent months as several Illinois gun owners have claimed the current process for obtaining a concealed carry permit violates their rights to due process.

Federal Appeals Court Rules Upholds Current System

Last spring, the Seventh U.S. Circuit Court of Appeals heard arguments regarding lawsuits filed by gun owners who believed the state’s laws regarding concealed carry permits violated their constitutional rights. The plaintiffs claimed that they met all of the qualifications to be issued a concealed carry permit under Illinois law, but their permits were not issued due to objections that had been lodged with one or more law enforcement agencies. When the applicants sought additional information, they were denied. They each filed lawsuits citing a deficiency in due process.

While their cases were pending, the state of Illinois recognized the problem of not informing an applicant regarding such an objection. A new set of regulations was drafted and adopted which directly addressed the plaintiff’s concerns. They continued with their lawsuits, however, instead of re-filing for a permit under the new guidelines. The Seventh Circuit Appeals Court determined that while the plaintiffs may have had a case under the original guidelines, the system for issuing concealed carry permits, as amended, does not violate an applicant’s right to due process.

No Further Action

Unsatisfied with the appellate court’s response, three of the plaintiffs sought to have their cases heard by the United States Supreme Court. This week , the Supreme Court determined without further comment that it would not hear the appeal. In declining the appeal, the high court will let the Seventh Circuit’s ruling on the matter be the final word.

Facing Weapons Charges?

It is against the law in Illinois to own or carry a weapon without the proper permits from the state. If you are facing criminal charges related to illegal weapons, the consequences could be severe. Contact an experienced Joliet criminal defense attorney to discuss your available options. Call 815-740-4025 for a free consultation at the Law Offices of Jack L. Zaremba, P.C. today.