Village of Rosemont Bans Concealed Firearms on Public Streets & Sidewalks

Originally Posted April 3rd, 2014

The village of Rosemont, Illinois has banned legally armed citizens from legally concealing firearms with a license on public streets and sidewalks within the entertainment district.  This was a unanimous ordinance passed with faulty information by the village board which bans concealed carry at the MB Financial Park in Rosemont.

In one interview, mayor Stephens of Rosemont is quoted as saying,

“…state law already prohibits anyone from carrying firearms into a place of business where liquor is sold. Numerous venues within MB Park sell alcoholic beverages to the public. The recently passed ordinance, said Stephens, makes sure that no one is carrying a gun while visiting the entertainment district’s public areas such as around the outdoor plaza or on sidewalks.”

However mayor Stephens is incorrect.  According to Public Act 098-0063, The Illinois Firearm Conceal Carry Act, only businesses whose revenues are 50% of greater from alcohol are required to ban firearms on their premises.  The exact wording is as follows,

(9) Any building, real property, and parking area under
the control of an establishment that serves alcohol on its
premises, if more than 50% of the establishment’s gross
receipts within the prior 3 months is from the sale of

alcohol.

There are further provisions in the Illinois Firearm Concealed Carry Act which may give Rosemont a hard time enforcing their new ordinance, for example,

c) A licensee shall not be in violation of this Section while he or she is traveling along a public right of way

But possibly more important than the public right of way clause is the vehicle exemption,

(a), any licensee prohibited from carrying a concealed firearm
into the parking area of a prohibited location specified in
subsection (a), (a-5), or (a-10) of this Section shall be
permitted to carry a concealed firearm on or about his or her
person within a vehicle into the parking area and may store a
firearm or ammunition concealed in a case within a locked
vehicle or locked container out of plain view within the
vehicle in the parking area. A licensee may carry a concealed
firearm in the immediate area surrounding his or her vehicle
within a prohibited parking lot area only for the limited
purpose of storing or retrieving a firearm within the vehicle’s

trunk,

And certainly the most important clause within the Illinois Firearm Concealed Carry act that should render, eventually, the ban null and void, is the Preemption clause of the act,

Section 90. Preemption.
The regulation, licensing, possession, registration, and
transportation of handguns and ammunition for handguns by
licensees are exclusive powers and functions of the State. Any
ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or handguns and ammunition for handguns in a manner inconsistent with this Act shall be invalid in its application to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers…

Link to Public Act 098-0063 http://www.ilga.gov/legislation/publicacts/98/PDF/098-0063.pdf

Link to original news report by Journal Topics http://www.journal-topics.com/news/article_c23d215a-b4f9-11e3-957a-001a4bcf6878.html

 

Thomas Kral

Thomas Kral is an avid gun rights advocate being involved in the movement in Illinois since 2012 and became one of the very first Concealed Carry instructors to be certified by the Illinois State Police in 2013.

Thomas is also a proud father and husband, having said, "The only things more important than 2nd Amendment issues and gun rights are my wife and kids."

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