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carrying in church


dmc

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No, it is not one of the 23 statutorily prohibited places. Any private business, organization, building owner/manager can post a state compliant sign in accordance with the law, and make it a legally enforceable gun free zone. Some churches deigned to do so. But, no, there's nothing in the law that makes churches prohibited (some states around us have, interestingly...).

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Google Shepherd v Madigan and Moore v Madigan

Illinois will never ever have a ban on carry in church

 

The first case is Shepard v. Madigan (note spelling).

 

IIRC, there have been bills introduced to make church carry statutorily prohibited. Fortunately they haven't gone anywhere.

 

But we need to maintain diligence to keep it that way. Never say never, especially in this state.

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Google Shepherd v Madigan and Moore v Madigan

 

Illinois will never ever have a ban on carry in church

 

That's exactly what I was going to say Mary Shepard was attacked in her church. She had permits from two other states to carry. She sued the State of Illinois for not letting her carry in IL. She won the case. The court said the IL law banning carry was unconstitutional and gave them a time limit to pass a carry law before he struck down the ban.

 

If churches would've been made a statutorily prohibited place, how would that have discharged the suit? Shepard was asking for the right to carry in a church.

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No, it is not one of the 23 statutorily prohibited places. Any private business, organization, building owner/manager can post a state compliant sign in accordance with the law, and make it a legally enforceable gun free zone. Some churches deigned to do so. But, no, there's nothing in the law that makes churches prohibited (some states around us have, interestingly...).

 

You said "some states around us prohibit church carry" that would be 2 states Missouri and Michigan unless you get special permission. The same for Arkansas, if you count that as a "state around us", apparently you can get permission there to if I read their law correctly. A school on the property could change things of course.

 

I was attending a Wisconsin church yesterday and I carried.

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When I visited Michigan last year, I asked the priest of the Orthodox parish I attended that Sunday if I could carry. He said yes, as long as it was concealed. Told him we couldn't open carry at all in IL. He wasn't surprised I was a shooter, since we went shooting the day before (priest is a FB friend). :).
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Google Shepherd v Madigan and Moore v Madigan

Illinois will never ever have a ban on carry in church

Never say never in Illinois when it comes to restricting the peasants privileges.

 

 

It will never happen because the antis know they will get spanked in court, and if they forget, they'll get spanked in court.

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In my opinion the state risks being held in contempt of court if they were to ban carry in church since one of the lead plaintiffs was in a church when nearly beaten to death and the 7th circuit sided with her and not the state.

that CCW is permitted in the church is probably not stipulated in the ruling.

 

However, Transplant and I as well as a couple other IC'rs got to see ICHV's Mark Walsh do a face palm, when reminded of the circumstances of the suit as he was discussing the legislative intent to ban carry in houses of worship.

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Just make sure there is not a school attached to the church. If so, schools is prohibited to carry. My church I attend is attached to a school so I cannot carry. It's a bummer.

 

That only applies if the school is in control of the property.

 

For example... if you have property owned and operated by a church, and the church also operates a religious school... only the school is prohibited (unless the church decides to post anyway).

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Lemme get this straight.....

 

IF a church has it's chapel/meeting hall/sacristy/church offices in one building, and the parochial school is in the building next door or across the driveway/alley, the church is good to go, but the school portion is still one of the 23 crash landings?

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The prohibition relies on the area being "under control" of the school and singles out portions of a building when a pre-school is involved.

 

 

(430 ILCS 66/65)

 

Sec. 65. Prohibited areas.

 

(a) A licensee under this Act shall not knowingly carry a firearm on or into:

(1) Any building, real property, and parking area

under the control of a public or private elementary or

secondary school.

(2) Any building, real property, and parking area

under the control of a pre-school or child care facility,

including any room or portion of a building under the

control of a pre-school or child care facility.

...

 

If the church controls the school then the church is not prohibited unless posted.

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The prohibition relies on the area being "under control" of the school and singles out portions of a building when a pre-school is involved.

 

 

(430 ILCS 66/65)

 

Sec. 65. Prohibited areas.

 

(a) A licensee under this Act shall not knowingly carry a firearm on or into:

(1) Any building, real property, and parking area

under the control of a public or private elementary or

secondary school.

(2) Any building, real property, and parking area

under the control of a pre-school or child care facility,

including any room or portion of a building under the

control of a pre-school or child care facility.

...

 

If the church controls the school then the church is not prohibited unless posted.

 

The argument that took place was about child care and pre-school provided within the church itself.

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I visited an area church for a special event. I didn't know they had a school. If you just went through the church main doors, not posted. But if you needed to use the bathrooms, which are off the gym, you were then in the school and prohibited location. Doors into gym were posted as is the exterior side entrance door into the school area.

 

When I figured out what was going on, I went back out to my car and disarmed.

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The prohibition relies on the area being "under control" of the school and singles out portions of a building when a pre-school is involved.

 

 

(430 ILCS 66/65)

 

Sec. 65. Prohibited areas.

 

(a) A licensee under this Act shall not knowingly carry a firearm on or into:

(1) Any building, real property, and parking area

under the control of a public or private elementary or

secondary school.

(2) Any building, real property, and parking area

under the control of a pre-school or child care facility,

including any room or portion of a building under the

control of a pre-school or child care facility.

...

 

If the church controls the school then the church is not prohibited unless posted.

 

The argument that took place was about child care and pre-school provided within the church itself.

 

 

That's where the "including any room or portion of a building under the control of a pre-school or child care facility." part comes into play.

 

The overall property is in control of a church... thus, not prohibited. Within that church, there is a room/wing/etc that functions as a pre-school or child care facility. Those areas would be prohibited, while the rest of the church would not.

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