Common Issues That People Have With The Illinois Concealed Weapon Statute
Interviewer: What are some of the more common issues that you’ve seen some of the clients be involved with or what are some of the common scenarios getting them in trouble?
Jerald Novak: A lot of people get a concealed carry permit from another state and they believe that that will cover them here in Illinois. Nothing can be further from the truth, there are two concepts. One is called reciprocity and one is called acceptance. With reciprocity, one state will accept the carry permit of another state if that second state will accept the carry permit of the first state. So, there is a reciprocal agreement. So, if you take mine, I’ll take yours and that’s great for the concealed carry permit holder because there is no sense and it makes no sense on any level to have 50 individual permits so that you can carry throughout the United States.
23 States will Accept an Illinois Permit because Illinois has the Highest Training Standard of Classroom Content Followed by Live Fire Qualification
Imagine if you’re talking about having 50 driver’s licenses in order to drive from one state to the other, that would be an unbelievable burden on Interstate Commerce and it’s the same thing with the fire arm permit. Many states have reciprocity. For example, Utah and Florida are most widely accepted permits and by getting a Utah and/or Florida permit, you can carry legally in about 33 or 34 states, so that’s terrific, makes it a lot easier. Then there are states that have acceptance. Acceptance differs from reciprocity. That’s where one state says, “We will accept your permit and we don’t care if you accept ours”, okay. It only goes one way. Currently, 23 states will accept an Illinois permit because Illinois has the highest training standard of 16-hours of classroom content followed by live fire qualification.
It is Important to Check if the State that You’re Travelling to Has Reciprocity or Acceptance if You’re Carrying a Firearm
No other state has that much training required. For example, Florida’s only a 2-hour class and Utah is only a 4-hour class. Many states have acceptance and again, 23 states will accept Illinois but Illinois will not accept any other state again because no other state meets that training minimum. So, what we get is people who have a permit from another state and they haven’t checked to see if that permit will be honored by Illinois or some other state and they come into the state, they’ve got a firearm, they’re not familiar with the laws and of course they get caught up in the system and they become another statistic that the police can say that we got another illegal gun off the street when in fact there’s just some permit holder who didn’t have a permit in this particular jurisdiction. So, you have to check again the laws to see what states will honor your permit, accept your permit or has reciprocity with your state and you should check that frequently before traveling because that changes pretty frequently too.
If the State of Illinois Has Confiscated your Weapon Due to any Reason, it’s Return is Highly Unlikely
Interviewer: If someone has the weapons removed from an assault charge, maybe there’s domestic violence or something along those lines. Is there a chance that they can get them back?
Jerald Novak: Once you’ve been arrested, if Illinois grabbed your gun, your chances of getting it back are pretty slim. The problem is if you’re found not guilty and the charges are dismissed, then in that instance, you probably will get your gun back but if the charge has been reduced or you’ve bee found guilty, there’s going to be a confiscate and destroy order entered and you can kiss that gun goodbye. Many clients I have represented would say, “Hey, you know, I want to get my gun back because the charge was amended to some other non-gun related charge and the state was relentless about wanting the destruction of that firearm”.
The Cost of the Legal Fees Associated with the Recovery of that Firearm Far Exceeds the Value of that Firearm
In some instances, I have gotten it back and in some instances, I have not but often times, the cost of the legal fees associated with the recovery of that firearm far exceeds the value of that firearm. So, I would only counsel someone to be aggressive in getting their gun back if it had some type of special mean to them. Otherwise, Hey consider yourself lucky, you beat the charge, you know, treat yourself lucky you beat the charge, treat yourself you don’t have gun and now put that bad memory out of your mind.