Illinois Firearms Laws History

[Ol'Coach]

If this has been posted before, my apologies.

 

If not, might be worth locking?

 

My link

 

Click on any block along the timeline and read the history for that 10 year period.

 

Note that there is a link within each description that allows you to read the entire article/column.

[Ol'Coach]

If this has been posted before, my apologies.

 

If not, might be worth locking?

 

My link

 

Click on any block along the timeline and read the history for that 10 year period.

 

Note that there is a link within each description that allows you to read the entire article/column.

 

ETA: Maybe belongs in Backroom?

[Drylok]

I always wondered when it was that we lost the right to carry in IL. If I'm reading it right it looks like Nov 10 1943 after a SCOTUS ruling in Moore vs Gallop?

[Ol'Coach]

I always wondered when it was that we lost the right to carry in IL. If I'm reading it right it looks like Nov 10 1943 after a SCOTUS ruling in Moore vs Gallop?

 

I don't think so. Not sure when any type of carry in IL became illegal, but do know it had to be sometime after 1956.

 

FOID card Act was 1968...was carry illegal in IL prior to that? Can't recall, and can't find anything anywhere to state exactly when it became illegal

 

I do know that prior to the ratification of the IL Constitution as drawn up at the 1970 Consitutional Convention, no mention was made anywhere in either the IL Constitution of 1848 or the Constitution of 1870 re: "...the right to keep and bear..." Seems it was kind o' taken for granted that Illinois sodbusters had the right to defend themselves as guaranteed by 2nd Amendment, wherever they might be! Then, Chicago outgrew the rest of us. IL Code was amended in 1981, I believe, and I can't find the original 1961 version.

 

 

IL Constitution of 1848

 

IL Constitution of 1870

 

I'll keep diggin'.

 

Here's a neat site for ya:

 

History of IL ConCons

[lockman]

I would like to see the original 1961 act too. Even back in the late 70's early 80's UUW was worded to criminalize the carrying of a concealed firearm only, with a separate prohibition for open carry within an incorporated city, town or village. Carrying concealed was a misdemeanor. That was were the rural open carry comes from. The rural carry became effectively banned with the aggravated UUW additions and the trespass on government land provisions in the 90's.

 

I believe it can serve us well to know the precise time table and legislative changes that led us down the slippery slope.

[junglebob]

I would like to see the original 1961 act too. Even back in the late 70's early 80's UUW was worded to criminalize the carrying of a concealed firearm only, with a separate prohibition for open carry within an incorporated city, town or village. Carrying concealed was a misdemeanor. That was were the rural open carry comes from. The rural carry became effectively banned with the aggravated UUW additions and the trespass on government land provisions in the 90's.

 

I believe it can serve us well to know the precise time table and legislative changes that led us down the slippery slope.

I wonder if some library might have the original 1961 Illinois Criminal Code? Most have recent volumes. At the www.cyberdriveillinois.com website it says the 1961 code was 72 pages, now it is 1200 pages. Something there might be useful, if you put - descriptive inventory archives state - in the search box you will find a publication Descriptive Inventory of the Archives of the State of Illinois a 940 page publication for $20 that you can also down load there. Might be some information there. In google searching I don't come up with anything on a Criminal Code before 1961, but I'm sure there was one.

[Ol'Coach]

I've been working on a timeline, trying to show relationship between Joyce, Daley(s), IL state Gov't, etc., etc., etc. Noting passage of Fed laws, IL laws, Chicago city code, 1970 IL ConCon, etc., etc., etc.

 

Slow goin'.

 

I wonder if some library might have the original 1961 Illinois Criminal Code?

 

I'll check the IL Archives.

[Ol'Coach]

OK. The IL State Library consultant tells me that the orginal 1961 Criminal Code does ban CC. She read it to me wword for word, sounds identical to the present version.

 

They have in the archives copies of every other year, so she is checking the 1959 version and will call me back. Might take her awhie as the sections, paragraphs, etc., may be enumerated differently.

 

I'm willing to bet that it all started with the 1961 Code!

[moparcardave]

Grew up in the 60's and openly carried as a 14 year old. Many people in the Pecatonica area where I grew up did. Maybe it was small town USA but remember Dad was really ticked he had to get a gun card. Sad when a decorated WWII Bronze Star winner had to do that.. Things went down fast after 68.

[1957Human]

I would like to see the original 1961 act too. Even back in the late 70's early 80's UUW was worded to criminalize the carrying of a concealed firearm only, with a separate prohibition for open carry within an incorporated city, town or village. Carrying concealed was a misdemeanor. That was were the rural open carry comes from. The rural carry became effectively banned with the aggravated UUW additions and the trespass on government land provisions in the 90's.

 

I believe it can serve us well to know the precise time table and legislative changes that led us down the slippery slope.

I wonder if some library might have the original 1961 Illinois Criminal Code? Most have recent volumes. At the www.cyberdriveillinois.com website it says the 1961 code was 72 pages, now it is 1200 pages. Something there might be useful, if you put - descriptive inventory archives state - in the search box you will find a publication Descriptive Inventory of the Archives of the State of Illinois a 940 page publication for $20 that you can also down load there. Might be some information there. In google searching I don't come up with anything on a Criminal Code before 1961, but I'm sure there was one.

 

I collect books and have a pretty good collection of statutes and such going back to even before Ill. became a corrupt cesspool state. Even my copy of the Laws of the Northwest Territory, 1788-1800 (printed in 1925), contains a criminal code. Did you know that the milita (all males 16-50) had to assemble for two hours every Monday morn for inspection? Or that militia members had to take their weapons and kit with them to church on Sundays?

 

What is it you guys are looking for specifically? I'm not inclined to type out everything, but there are some interesting tidbits in those books, to say the least.

 

As for one thing mentioned above, the Revised Statutes of 1874 shows that carrying a concealed weapon was a crime, and gives the source date for the provision as being the Revised Statutes of 1845, which I don't have. An offense warranted a $100 fine, quite a considerable amount in those days when a man was lucky to earn $1 a day, but at least the punishment didn't require gaol time or public pilloring (which you could get for being a drunk or unwilling to maintain a job).

[Ol'Coach]

1957Human...

What is it you guys are looking for specifically?

 

 

When did carrying concealed become a criminal offense in the IL Code. At the present time, appears as though 1961 would be the date, although I'm waiting to hear from the IL State Library which is researching the 1959 Code.

[Ol'Coach]

Which reminds me...can someone clarify for me: code, law, statutes?

[1957Human]

1957Human...

What is it you guys are looking for specifically?

 

 

When did carrying concealed become a criminal offense in the IL Code. At the present time, appears as though 1961 would be the date, although I'm waiting to hear from the IL State Library which is researching the 1959 Code.

 

Hey, Ol' Coach, that's the only question I answered above! Appears to have been 1845. But, like I said, I have only the 1874 version, and it's definitely listed as a crime there.

 

A code is a compilation of related statutes as assembled by the legislature. A law can be an adminstrative rule, a statute, or a common law rule derived from court decisions. A statute is a regulatory act, spending bill, etc., passed by the legislature and approved by the chief executive, either the governor or the president in our system.

[Ol'Coach]

Hey, Ol' Coach, that's the only question I answered above! Appears to have been 1845. But, like I said, I have only the 1873 version, and it's definitely listed as a crime there.

 

Well, I guess everone, including law enforcement just ignored it until at least 1961??

 

A code is a compilation of related statutes as assembled by the legislature. A law can be an adminstrative rule, a statute, or a common law rule derived from court decisions. A statute is a regulatory act, spending bill, etc., passed by the legislature and approved by the chief executive, either the governor or the president in our system.

 

Thank you, sir. Appreciate it. Now that you have put it in writing, I seem to recall that posted here a few years ago...maybe by you?

 

Forgive the failing memory, please.

[1957Human]

 

Well, I guess everone, including law enforcement just ignored it until at least 1961??

 

My ... kind of snarky, aren't we? I got the old books you were looking for and was only trying to help. Didn't expect some kind of a Spanish Inquistion.

 

And, no, Ol'Coach, the law wasn't ignored by the cops. If they're still alive, you might ask George Euctice or George Lennon if the law was ignored until at least 1961. After all, both Georges, along with Bill Campagna and John Costello, were driving down Rt. 66 at 7 o'clock on June 27, 1938, returning to Chicago from an armed robbery/murder in Indiana when they were stopped at a roadblock. (Roadblocks in the 30's? In the US of A? Now you really don't believe me.) Anyway, both Georges were arrested for carrying concealed weapons, under the statute I mentioned, were convicted, and were sent up river for a few years. Their defense was that the weapons weren't concealed, but openly carried, so maybe that's what you're remembering.

 

Anyway, I don't expect you will believe me, 'cause almost everyone in these parts hears only what they want to hear and ignores the rest. But thought I'd close my posting with some true facts, like they did in the Ol' days.

[papa]

1957Human,

 

I might be wrong but I don't believe Ol'Coach was being "snarky" as you seem to think. I believe he was just making a general statement as to how things were back then.

[pyre400]

1957Human,

 

I might be wrong but I don't believe Ol'Coach was being "snarky" as you seem to think. I believe he was just making a general statement as to how things were back then.

 

Yea, product of a flawed medium mixed with a charged topic... Happens all the time.

 

Both 1957 and Coach are A+ in my book!

[1957Human]

1957Human,

 

I might be wrong but I don't believe Ol'Coach was being "snarky" as you seem to think. I believe he was just making a general statement as to how things were back then.

 

Yea, product of a flawed medium mixed with a charged topic... Happens all the time.

 

Both 1957 and Coach are A+ in my book!

 

I won't be happy until Ol' Coach agrees that I give a hundred and TEN percent.

 

(My football coach gave out badges to those of us with blood on our uniforms after practice or a game. I've got several at home ... so you KNOW where I'M coming from.)

[lockman]

I would like to see the original 1961 act too. Even back in the late 70's early 80's UUW was worded to criminalize the carrying of a concealed firearm only, with a separate prohibition for open carry within an incorporated city, town or village. Carrying concealed was a misdemeanor. That was were the rural open carry comes from. The rural carry became effectively banned with the aggravated UUW additions and the trespass on government land provisions in the 90's.

 

I believe it can serve us well to know the precise time table and legislative changes that led us down the slippery slope.

I wonder if some library might have the original 1961 Illinois Criminal Code? Most have recent volumes. At the www.cyberdriveillinois.com website it says the 1961 code was 72 pages, now it is 1200 pages. Something there might be useful, if you put - descriptive inventory archives state - in the search box you will find a publication Descriptive Inventory of the Archives of the State of Illinois a 940 page publication for $20 that you can also down load there. Might be some information there. In google searching I don't come up with anything on a Criminal Code before 1961, but I'm sure there was one.

 

I collect books and have a pretty good collection of statutes and such going back to even before Ill. became a corrupt cesspool state. Even my copy of the Laws of the Northwest Territory, 1788-1800 (printed in 1925), contains a criminal code. Did you know that the milita (all males 16-50) had to assemble for two hours every Monday morn for inspection? Or that militia members had to take their weapons and kit with them to church on Sundays?

 

What is it you guys are looking for specifically? I'm not inclined to type out everything, but there are some interesting tidbits in those books, to say the least.

 

As for one thing mentioned above, the Revised Statutes of 1874 shows that carrying a concealed weapon was a crime, and gives the source date for the provision as being the Revised Statutes of 1845, which I don't have. An offense warranted a $100 fine, quite a considerable amount in those days when a man was lucky to earn $1 a day, but at least the punishment didn't require gaol time or public pilloring (which you could get for being a drunk or unwilling to maintain a job).

 

I wonder when the incorporated open carry state prohibition went on the books? As for concealed, how is it worded, exemptions? Require intent to use unlawfully against another?

[pyre400]

 

I won't be happy until Ol' Coach agrees that I give a hundred and TEN percent.

 

(My football coach gave out badges to those of us with blood on our uniforms after practice or a game. I've got several at home ... so you KNOW where I'M coming from.)

 

I cant speak for everyone, but I know you to be a 110%'r ..

 

The laws about concealment were, as I understand, a product of the culture back then. It was the norm to see someone open carry... What I call "John Wayne Syndrome". If you concealed a firearm, you were a "yealla belly, no good weasel", that was obviously looking for trouble. You were trying to hide something...

 

The current culture is strangely inverse today, where people "Dont ask, dont tell", and the mere sight of a weapon, for some, is perceived as a eminent threat.

[1957Human]

I wonder when the incorporated open carry state prohibition went on the books? As for concealed, how is it worded, exemptions? Require intent to use unlawfully against another?

 

 

"[W]hoever shall carry concealed weaons, or in a threatening manner display any pistol, knife, slungshot, brass, steel or iron knuckles, or other deadly weapon, day or night, shall be fined not exceeding $100."

[lockman]

I wonder when the incorporated open carry state prohibition went on the books? As for concealed, how is it worded, exemptions? Require intent to use unlawfully against another?

 

 

"[W]hoever shall carry concealed weaons, or in a threatening manner display any pistol, knife, slungshot, brass, steel or iron knuckles, or other deadly weapon, day or night, shall be fined not exceeding $100."

 

No exemptions at all? Police? Private property?

[1957Human]

No exemptions at all? Police? Private property?

 

The statute would, by its nature, have required some kind of public conduct, as it's found among various other provisions all concerning some type of disorderly conduct. So carrying on private property wouldn't have come into play.

 

Besides, almost all statutes were much more bare-boned back then. Probably because there was widespread use of something most people today only vaguely remember -- common sense.

 

And it's not hard to imagine that a rep in the 1800s would have been laughed off the house floor for suggesting that a law would have to exempt the police from its regulation of weapons.

[Ol'Coach]

1957, I believe you misunderstood. I was just making a comment, based on the way things were where I grew up in W Central IL, and what little I know of existing law/code/statutes at this time. I have to look everything up...I've lost the ability to retain it.

 

I don't know that anyone here has more knowledge than you, certainly not me, and a lot of what I did know escapes me now.

 

I would agree that you give 100%, but no more than that...no one can!!!

 

Peace.

[1957Human]

I would agree that you give 100%, but no more than that...no one can!!!

 

Hey... I thought you said you were a coach. Sheesssh.... can't give more than a hundred percent? What kind of crazy talk is that? There were times when Coach said he wanted MORE than a hundred and ten percent and ... dang it ... we gave it to him!!

 

Then again, during double sessions I'd vomit my guts out and he'd tell me to "run it off." Always wondered to myself, Isn't that why I'm barfing onto the sidelines in the first place?

 

Ah... nothing like memories of what you had when you were young ... to make you appreciate being old!

 

And, hey, I grew up as a young squirrel-eater in them thar parts (Pike County). Whereabouts were you raised?

[Ol'Coach]

And, hey, I grew up as a young squirrel-eater in them thar parts (Pike County). Whereabout were you raised?

Macoupin County...coal mining country.

 

Gillespie Miners! Scotch, mostly in Gillespie, Italian/Croation in Benld, 2 miles away. Major,major rivalry, not only in sports! Several little towns(even smaller than Gillespie's pop of 4100 at the time) around Gillespie, each 'bout 2 Miles apart, each with a coal mine!

Tavern on every corner and 4 in-between! United Mine Workers had its start in that area.

 

If you give all you have, and it's impossible to give more than that, that's 100%. Who could ask more?

 

Yeah, I know...your coach. But, could you give more? Nope!

 

Ah, well...we've done gone and hijacked the thread, huh? But, it's been fun.

 

Still friends!

[junglebob]

I wonder when the incorporated open carry state prohibition went on the books? As for concealed, how is it worded, exemptions? Require intent to use unlawfully against another?

 

 

"[W]hoever shall carry concealed weaons, or in a threatening manner display any pistol, knife, slungshot, brass, steel or iron knuckles, or other deadly weapon, day or night, shall be fined not exceeding $100."

I think a lot of states allowed open carry and had laws against concealed carry. After reading some about Charlie Burger, a Southern Illinois gangster, I assumed that in the 1920s concealed carry was legal in Illinois. He killed a few men and got off and I read about him conceal carrying, maybe that was incorrect. A lot of states still allow open carry, many without a LTC.

[Bud]

I am almost (just short of 100%) positive that when I went to the Police Training Institude as a newly sworn cop in the spring of 1969 it was still legal to open carry.................BUT, it was also taught that you could arrest someone who was open carrying a pistol for Disoprderly Conduct (an act to alarm disturb or incite another) and that was actually taught in classes.

 

This was what was still being used in Wisconsin (and still is in several counties) to which the WI AG has attempted to stop by issuing a letter.

[Drylok]

I should have been more specific in my question. I didn't really mean concealed just carry because I assume folks didn't cc way back when anyway

[lockman]

No exemptions at all? Police? Private property?

 

The statute would, by its nature, have required some kind of public conduct, as it's found among various other provisions all concerning some type of disorderly conduct. So carrying on private property wouldn't have come into play.

 

Besides, almost all statutes were much more bare-boned back then. Probably because there was widespread use of something most people today only vaguely remember -- common sense.

 

And it's not hard to imagine that a rep in the 1800s would have been laughed off the house floor for suggesting that a law would have to exempt the police from its regulation of weapons.

 

In colonial times it was not uncommon that constables were prohibited from carrying firearms in the course of their duties and had to summon armed subjects to assist in the arrest of dangerous suspects. I guess the being laughed off depends on the time frame in question. The associated conduct is the condition I was referring to. Like carrying a billy, which previously was unlawful only if three was intent to use it unlawfully against another.