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Carry on the 606


kurt555gs

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I am reminded of the courage of so many plaintiffs in these landmark 2A cases.

 

If I won the lottery, I'd love to ride the CTA transporting an unloaded Glock and be the legal case that proves that the Illinois FCCA (Family and Personal Protection Act) - doesn't prohibit transporting in places where the FCCA prohibits carrying. Because I wouldn't care that I had an indictment on my record that would in all likelihood prevent me from being employed in my field.

 

The same thing with carrying on Cook County trails..

 

The plaintiffs who carried many of our landmark cases forward didn't have the luxury of being independently wealthy.

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Hi,

 

Look, the purpose of the politicians in all of this is to keep things so uncertain -- to make people so skittish about where, when and how they can carry -- as to deter good people like us from carrying.

 

It's the theme you see in all the prohibited areas, as well as the high cost of everything associated with getting a permit. Make it inconvenient and expensive, and hold the raw number of permitees down. Then make it so impractical (the public transit prohibition, for instance and in particular) that even permit holders don't carry.

 

Better than before, but still a pretty sad state of affairs.

FWIW.

Rich Phillips

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Under section 65 of the Firearm Concealed Carry Act (430 ILCS 66/), it states:

 

“(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.

 

(13) Any public park, athletic area, or athletic facility under the control of a municipality or park district, provided nothing in this Section shall prohibit a licensee from carrying a concealed firearm while on a trail or bikeway if only a portion of the trail or bikeway includes a public park”.

 

The city of Chicago is designating this as a trail within the park; it does not extend beyond the boundaries of the park.

 

“CDOT, along with numerous community partners, is building the Bloomingdale Trail and Park-- a multi-use linear park that will be the first of its kind in Chicago.

 

The trail and park will run along an unused, elevated rail line along Bloomingdale Avenue (approximately 1800 North) from Ashland (1600 West) to Ridgeway (3732 West)”.

http://www.cityofchicago.org/city/en/depts/cdot/supp_info/bloomingdale_trail.html

 

Since the trail does not pass beyond the limits of the park, I would say that the subsection 13 exemption does not apply. Subsection 3 only applies to DNR controlled areas. Nothing in the law says anything about connecting with roads or sidewalks. We need to push for the end of the restriction against carrying in parks. HB3883 would do this.

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I walked there yesterday, so lemme provide some feedback if it helps.

 

I entered from the eastern end of the trail near Ashland. The ramp up to the trail directly touches the city sidewalk on Marshfield. The same is true of all the entrance/exit ramps I encountered. If indeed it's true that sidewalks through a park are okay for carry, I don't see what the issue would be with carrying on the 606.

 

Also for the sake of disclosure, I don't have my CCW license and wasn't carrying; the permit's too expensive.

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Let's ask Rahm.

Honestly we need a lawsuit, a change of the guard in Springfield, or something. These uncertainties and restrictions are getting old.

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Although people may occasionally ride a bicycle on the sidewalk, or walk long distances on them, they are not considered to be bikeways or trails. If all that is required is for a path or parking lot in a park to connect with road or sidewalk to be exempted from the "no guns in parks" restriction, virtually all public parks would be exempted. There are bikeways on Chicago streets. On Google Maps I cannot tell if any connect directly to the Bloomingdale Park and Bike Trail. If Chicago declares that the park ends at the edge of the sidewalk with no connection to the street bike lanes, then guns would be restricted from 606 Bloomingdale Park and Bike Trail. This may be a gray area, but if caught with a gun you would have to hope for a friendly Chicago cop, Cook County prosecutor, and judge. I would not like to spend my money on a lawyer for a test case. Encourage your legislators to have the law changed.
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From Section 65 Prohibited Areas:

 

"(10) Any public gathering or special event conducted on property open to the public that requires the issuance of a permit from the unit of local government, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access his or her residence, place of business, or vehicle".

 

This applies to street festivals, block parties, farmers market, parades, and the like. The park is not a special event or public gathering. No special event permit is required for its use.

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It is a public right of way. As long as you are traveling along it, you are legal. It has nothing to do with being a bike trail.

 

is it really a right-of-way - seems to me it's a very long skinny park

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It is a public right of way. As long as you are traveling along it, you are legal. It has nothing to do with being a bike trail.

 

 

 

is it really a right-of-way - seems to me it's a very long skinny park

 

It may very well be, but it is now a part of a public network of thoroughfares. Pedestrian or bicycle makes no difference.

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"It is a public right of way. As long as you are traveling along it, you are legal. It has nothing to do with being a bike trail".

"It may very well be, but it is now a part of a public network of thoroughfares. Pedestrian or bicycle makes no difference".

 

The law specifically mentions bikeways and trails, not thoroughfares or right-of-ways. The Bloomingdale Trail, itself, does not extend beyond the boundaries of the park, so the exception in #13 does not apply. If the city of Chicago extended the designation of the trail beyond the park, then the exception would apply and CC would be legal on the trail.

 

Under section 65 [Prohibited Areas] of the Firearm Concealed Carry Act (430 ILCS 66/), it states:

 

“(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.

 

(13) Any public park, athletic area, or athletic facility under the control of a municipality or park district, provided nothing in this Section shall prohibit a licensee from carrying a concealed firearm while on a trail or bikeway if only a portion of the trail or bikeway includes a public park”.

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The 606 definately includes trail or bikeway if only a portion of the trail or bikeway includes a public park.

 

This map of the 606 shows several access points to portions of the 606 trail from other bike trails. Access from a bike trail, stay on the trail, end leave from a trail access point and you should be good to go with a little pre-planning.

http://www.the606.org/wp-content/uploads/2015/05/The606_printable_map.pdf

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"It is a public right of way. As long as you are traveling along it, you are legal. It has nothing to do with being a bike trail".

"It may very well be, but it is now a part of a public network of thoroughfares. Pedestrian or bicycle makes no difference".

 

The law specifically mentions bikeways and trails, not thoroughfares or right-of-ways...."

 

No, the law DOES mention public right of ways.

 

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.

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I was referring to (3) and (13) and the relationship of parks, trails, and bikeways.

 

While c: may permit you to CC while walking on a sidewalk that borders a park, you would be in violation as soon as you stepped onto park land. The Bloomindale Trail is completely within the boundaries of park property. It terminates at the sidewalk.

 

Your land contacts your neighbors’ land and/or the public right of way or easement. That does not automatically give anyone using them to access your land without your permission, even if you have a private sidewalk or path that touches said areas.

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