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Falstaff

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  1. Per the National Forest Service, state law controls on this issue: http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5066182.pdf Shawnee National Forest specific: http://www.fs.usda.gov/activity/shawnee/recreation/hunting It sounds like they want firearms unloaded and cased when in recreational areas. Not sure if this is a mandate or a request. There is a number you could call to ask. For National Parks, the NRA has a good webpage: http://www.nraila.org/news-issues/fact-sheets/2010/firearms-regulations-in-national-parks.aspx
  2. Wishbone, wishful thinking. Consult an attorney. In fact, consult two: A good property rights lawyer and a good criminal law attorney. If they will issue you an opinion letter that allows you to CC under these circumstances, carry it with you and have at it. At least you'll have an "advice of attorney" defense. Seriously, you are pushing the limits. Good luck.
  3. I don't like the way the quoted material set up in my reply - made it easy for my point to get lost in the reply. So here it is again with grammatical and spelling corrections: I don't think the people should over think this. If concealed carry is banned on campus except for bike trails, then it is going to be banned on the sidewalks as you walk through campus. I agree with Blackbeard: the generally accepted definition of a public right-of-way means roads. I believe it will also include sidewalks. I do not believe, under the statute, it will include sidewalks on university campuses. This is because there is a specific prohibition for universities. See page 8 of the Illinois Senate GOP Caucus pamphlet. http://www.senategop...arry Report.pdf
  4. Why use that definition? For definition of "public right of way" --> What does Federal Law say? Or a Federal regulation? Or a Federal Court/SCOTUS ruling? I wonder what the Americans with Disabilities Act say or the regulations for it say.... If any of those support your definition, then you've got something. Anything else, and state law rules the roost. Why not use that definition? I don't understand why you would use Federal law or a Federal regulation when, as you point out, it is a State of Illinois law we are talking about. The FCCA states: "c- A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises under subsection (a), (a-5), or (a-10) of this Section if the concealed firearm is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law." Nowhere in the FCCA is "public right of way" defined, so until the Illinois courts rule one way or the other, I think the common plain english use of the phrase makes sense, and would provide a strong defense against any prosecution of a misdemeanor charge. Why use a definition that is not in the FCCA to restrict our rights? I think you're confusing permission with right. Private property that is open to the public, is open by permission of the owner. You don't have a legal right to be there. You can be banned from a campus. You can't be banned from a public right-of-way. Rights-of-way mean streets and roads, generally. Trust me, the courts know what a right-of-way is and it ain't the mall. I don't think the people should overthink this. If concealed carry is banned on campus except for bike trails, then it is going to be banned on the sidewalks as you walk through campus. I agree with Blackbeard: generally excepted definition of a public right-of-way means roads. I believe it will also include sidewalks. I do not believe, under the statute, it will include sidewalks on university campuses. This is because there is a specific prohibition for universities. See page 8 of the Illinois Senate GOP Caucus pamphlet. http://www.senategop.state.il.us/Portals/0/Concealed-Carry/13%20Concealed%20Carry%20Report.pdf
  5. it's cute that you think they're interested in making our lives easier. They're hoping we all slip up and get arrested and lose our gun rights. Not Downstate. Maybe in Chi-town.
  6. This thread should be forwarded to all our legislators. (1) It would demonstrate how concerned we are about not breaking the law; (2) it would demonstrate how the ambiguities in this law exposes otherwise law-abiding citizens to the criminal justice system because of an honest mistake. Ridiculous. Oh, to have a law like Georgia's, or even Missouri's.
  7. Unfortunately, that's true. Which is perhaps why I was a little thin-skinned.
  8. Reread my post. I said public transportation IMO is OK to transport, while the other prohibited locations with posted signage it Is not. Not sure what part confused you, but you should try not to be confused so easily.Your answer, IMO, remains ambiguous. You give a black and white answer: "Public transportation yes. Other prohibited areas no." Bit then you go on to say, "It's a gray area." How do you define "it" in that sentence? This is the confusing part. I was asking for clarification, because I wasn't sure what you meant. I thought I politely asked for clarification, but apparently you thought otherwise. IMO, you should try to be friendlier. Have a good day.
  9. Public transportation yes. Other prohibited areas no. It's a gray area right now until there's some case law, but as an instructor I suggest not to transport in a gfz. No guns means no guns. Others will tell you different but better to be safe than sorry. What's the gray area? He was asking about a form of public transportation and you seem to tell him its okay, but then say it is a gray area. I am confused. If you have a FOID, I would think that you'd still be able to transport your firearm the same as you could before CC, i.e., unloaded and in a case or broken down and inaccessible. Subject to federal law, of course. For example, Amtrak requires advanced notification, a locked case (I think), checked baggage, etc. Thanks.
  10. Part 65 c says: ... if the concealed firearm is carried on his or her person in accordance with the provisions of this Act OR is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law.[/size] The OR suggests that it is not limited to just driving as you believe. I agree that the public right of way exception is a major feature of the Act and that it will be tested in the courts.[/size] I interpret the "or" clause to mean that the gun can still be transported in the car while concealed or in accordance with the old law. I acknowledge that there problems with that interpretation. I have not dissected the law word by word and comma by comma, etc. But I promise you that the legislature didn't either. You're not going to convince me that your interpretation is correct. Sorry. Until the courts or the legislature clarify what this means, we'll just need to agree to disagree on this point.
  11. My interpretation is that you are okay in a park if your are driving through it. I don't think you are okay if you are strolling through it unless you are on a bike path. Think of it this way: there is a specific prohibition that states that you cannot have a gun in a park. There is a specific park exception that says that you can have a gun in a park if you are using a bike trail that cuts through the park. Then there is a general exception to almost all prohibited areas that let's you drive through otherwise prohibited areas without violating the law. But if you are walking through a park and you are not on a bike trail, then you're violating the law. Otherwise the "public right of way" would be the exception that darn near swallows the rule. Just my 2 cents worth. Maybe you're right, but I will let someone else test that theory.
  12. Ooh. Be careful with this: "public right of way" is generally used in reference to roads and highways. Given the typical Chicago politician/police officer/Cook County Sheriff's views on this subject, I would be afraid of becoming a test case.
  13. (3) Any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government, provided that nothing in this paragraph shall prohibit a licensee from carrying a concealed firearm onto the real property, bikeway, or trail in a park regulated by the Department of Natural Resources or any other designated public hunting area or building where firearm possession is permitted as established by the Department of Natural Resources under Section 1.8 of the Wildlife Code. Anyone know where clear guidance on this prohibition can be found? Thanks.
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