Culp v. Madigan

The Seventh Circuit has held that states must permit law-abiding, mentally healthy persons to carry loaded weapons in public. Illinois’ Concealed Carry Act, 430 ILCS 66/1, authorizes an Illinois resident to carry, on his person or next to him in a car, a firearm that is fully or partially concealed if he meets qualifications set forth in the Act: that the permit applicant not present a clear and present danger or a threat to public safety and not in the last five years have been a patient in a mental hospital, or been convicted of a misdemeanor involving the use or threat of physical force, or been in a residential or court-ordered drug or alcohol treatment program, or have committed two or more DUI violations, or be subject to a legal proceeding that could lead to being disqualified to possess a gun. A non-resident can obtain a permit if he resides in a state or territory that has “laws related to firearm ownership, possession, and carrying, that are substantially similar to the requirements to obtain” an Illinois concealed-carry license, and submits a notarized statement confirming that he is eligible under federal law and the laws of his home state to own a gun and licensed by that state to carry a gun. A person from a state that is not substantially similar, but who has a firearm license from his own state. is allowed to carry a firearm while hunting or at a firing range or on property whose owner permits him to carry a gun, The Seventh Circuit upheld the denial of a preliminary injunction sought by nonresidents, calling the law “imperfect,” but not unreasonable. The court noted that a trial may cast a different light on the law, given the problems inherent in verification of an application. View "Culp v. Madigan" on Justia Law