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posted on 1/15/17

After six shootings in a little over a year, some people are wondering why it is illegal to carry a loaded gun into a bar and other places where alcohol is served, yet it remains legal to carry a gun on a Chicago Party Bus.

The most recent incident, which injured three people in Lakeview, occurred just before Christmas 2016. Alderman Brendan Riley successfully backed an ordinance that supposedly cracked down on “nuisance” party buses, but it did not address the concealed weapon issue. Many party buses already post no-weapons signs, but some safety advocates say that such measures do not go far enough, since party bus passengers are often alcohol impaired. Bowing to public pressure, some tour bus companies have security guards on their buses and/or search passengers prior to boarding. The state law’s alcohol restrictions do not apply to most party buses since they derive less than 50% of their revenue from alcohol sales or they are BYOB establishments.

“We can take all the necessary precautions we can, but the fact is the city is violent,” commented Elite Chicago Limo owner Gabriel Stonys. In December 2015, police responding to a disturbance call found five handguns hidden in an Elite private bus.

Mandatory Prohibited Places

Illinois was the last state in the country to pass a concealed carry law, and lawmakers did so only under duress from a federal judge. So, although 430 ILCS 66 is supposed to bring state law in line with the Second Amendment’s right to bear arms, Illinois’ CCW law has many loopholes that lawmakers have yet to close. In fact, there are 23 prohibited places in Section 65, including:

  • Schools: The law is a little vague, but as the word is used in this provision, “schools” probably includes all educational institutions, whether they are pre- or post-secondary, public or private.
  • Child Care Facility: The law does not say a licensed child care facility, so at least theoretically, a private babysitter’s driveway could be a prohibited place to carry a weapon.
  • Court and Correctional Facilities: The law is quite specific with regard to naming specific places, and “probation office” is not on the list. It is illegal to carry a concealed weapon in or near a criminal courthouse.
  • Restaurants: It is okay to carry a concealed weapon in a restaurant unless the facility earns more than 50% of its revenue from alcohol sales, and the burden is on the owner to notify gun owners that the prohibition applies.
  • Public Parks: The prohibition does not apply to hiking trails, bikeways, and designated Department of Natural Resources hunting areas.

Other mandatory prohibited places include public transportation conveyances, airports, sports arenas, hospitals, and most public parks. To enter any of these prohibited places, including their parking lots and any attached real estate, CCW licensees must normally lock their handguns in boxes and stow these boxes away in a glovebox or other such location.

Reach Out to Experienced Attorneys

The concealed carry law has some significant limitations. For a confidential consultation with an experienced criminal defense attorney in Schaumburg, contact Glasgow & Olsson.

(image courtesy of Matthew Henry)