Illinois divided on possible new gun law

MARSHALL, Ill. (WTHI) - Advocates celebrated a legal victory to allow Illinois residents to conceal carry firearms. But that stopped as news spread about the shooting in Connecticut.   

But gun rights advocates were overjoyed last week when federal appeals court determined Illinois' ban against carrying guns on the streets was unconstitutional.

The court ruled in Moore v. Madigan that there is "a right to carry a loaded gun outside the home."   

At this time, Illinois is a non-carry state.  

Carrying firearms in Illinois is very difficult unless unloaded and stored so they are not accessible. It also does not honor any other state's permits or licenses.   

Last week in Illinois, the federal appeals court ruled the gun carrying ban unconstitutional under the Supreme Court's interpretation of the Second Amendment.       

The state would have to allow citizens to carry weapons under the court ruling.   

But judges gave the General Assembly 180 days to come up with a new law that meets the Second Amendment.   

Illinois is the last state in the nation to not have a conceal carry law. But that could be changing.

“I think it’s a little bit scary,” said Courtney Giannavola, Illinois resident.

“I think that we ought to have the protection of our guns. Because if they take it out of the hands of everybody, the only ones going to have them are the people who don’t need them in their house,” said Dixie Hart, Illinois resident.  

“I think we have the right to bear arms. I don’t think that right ought to be taken away from me. But carrying a concealed weapon…I don’t think that’s right. That’s what we have the police for,” said Lester Strohm, Illinois resident.       

The federal appeals court ruled the gun carrying ban unconstitutional citing the Second Amendment.

But judges also gave lawmakers 180 days to put their own version of the law in place.   

A new law would give residents the ability to carry handguns outside of their homes and cars.   

But owner of Lost Creek Trading Post William Behnke, Sr. said it's long overdue.

“I think people have the right to protect themselves,” said Behnke.       

Behnke thinks it's unfair for the law to exclude the ordinary citizen and violates the Second Amendment.

“I think in the 1700s, when they wrote the Constitution, the writers of the Constitution felt that at that time, the aristocracy and the elitists were the only ones that had firearms and wanted to make sure that didn’t happen again, and that’s why they put it in the Constitution,” said Behnke.   

But Courtney is more worried about the safety of her children, then whether the ruling is fair or not.

“Like I said, having kids, it’s scary to think that. Cause things can happen. Guns can go off by accident. Even if someone has a permit and knows how to use it, it’s just scary to me,” said Courtney.   

Right now, in order to own a firearm in Illinois, you have to have a FOID card to own a handgun.   

When transporting it, you must have it taken apart and put in a firearm carrying case.   

You cannot carry a firearm concealed in public.