7/28/2019 State's Attorney Tom Gibbons
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OFFICE OF THE STATE'S AnORNEY 157 North Main StreetMA DISON COU
N TV. IL L I N 0 I S Suite 402
Edwardsville, Illinois 62025
Thomas D. Gibbons Voice: 618 692-6280State's Attorney Facsimile:
618 296-7001
RULES FOR RESPONSIBLE ANDLAWFUL CARRYING OF CONCEALED
FIREARMSTom Gibbons, Madison County State's Attorney
UPDATED AS OF: MAY 28, 2013CITIZENS MAY CARRY A CONCEALED,
LOADED FIREARMON THEIR PERSON OR IN A VEHICLEIF ALL OF THE
FOLLOWING CONDITIONS ARE MET:
1. MUST be issued and possess a valid F.O.l.D. card or, if not
an Illinois resident, avalid concealed carry permit from a state
that performs a background check prior toissuance of the permit;
AND
2. MUST be carrying the firearm for self-defense; AND3. MUST NOT
be prohibited from possession of a firearm under another statute or
court
order; AND4. MUST keep the firearm concealed on their person or
in their vehicle, and not visible
to the public; AND5. MUST NOT be engaged in any criminal
conduct; AND6. MUST be in compliance with all other federal, state
and local laws and ordinances;
AND7. MUST, when asked, inform law enforcement officers of the
firearm when in contact
with an officer in the course of their duties. It is essential
that individuals cooperatewith any police officer and inform them
of the presence of the firearm prior toremoving it from its
concealed location. Displaying the firearm at a public locationor
without the request or knowledge of an officer could constitute a
violation of thelaw.*** The foregoing rules apply only to conduct
that was previously prohibited under 720 ILCS 5/24-1.6,sections
(a)(l ), (a)(3)(A) and (a)(3){8) - Aggravated Unlawful Use of
Weapons, and 720 ILCS 5/24-1sections (a)(4) and (a)(lO) - Unlawful
Use of Weapons.
7/28/2019 State's Attorney Tom Gibbons
3/3
OFFICE OF THE STATE'S AnORNEY 157 North Main StreetMADI 50 NCO
UNTY. IL LI N 0 I 5 Suite 402
Edwardsville, Illinois 62025
Thomas D. Gibbons Voice: 618692-6280State's Attorney Facsimile:
618 296-7001
To: All Citizens and Law Enforcement Officers ofMadison
CountyFrom: Tom Gibbons, Madison County State 's AttorneyRe: Right
to Carry Concealed, Loaded Firearm on the Person or in a
VehicleDate: May 28,2013As Chief Law Enforcement Officer for
Madison County, Illinois, it is my duty and honor to protect
ourcommunity and to ensure that the law is applied in a way that
protects all citizens. With this in mind, Iam issuing this opinion
regarding a citizen's right to lawfully carry a concealed, loaded
firearm, both ontheir person and in a vehicle. These guidelines are
intended to inform citizens and law enforcementofficers of the
rules to be followed and applied in Madison County, Illinois.After
a thorough review of all applicable laws and court decisions,
including the United States Court ofAppeals for the Seventh Circuit
ruling in Shepard and MOQI'e v. Madigan, 702 F.3d 933 (2012), it is
myopinion that it is lawful for a citizen to carry a concealed,
loaded firearm under the circumstancesand conditions listed below.
This policy applies only to conduct that was previously prohibited
by720 ILCS 5/24-1.6, sections (a)(l) , (a)(3)(A) and (a)(3)(B) -
Aggravated Unlawful Use of Weapons,and 720 ILCS 5/24-1 sections
(a)(4) and (a)(lO) - Unlawful Use of Weapons.CITIZENS MAY CARRY A
CONCEALED, LOADED FIREARM ON THEIR PERSON OR INA VEHICLE IF ALL OF
THE FOLLOWING CONDITIONS ARE MET:I. MUST be issued and possess a
valid F.O.I.D. card or, if not an IlIi l1Qis resident, a valid
concealedcarry permit from a state that performs a background check
prior to issuance of the permit; AND2. MUST be carrying the firearm
for self-defense; AND3. MUST NOT be prohibited from possession of a
firearm under another statute or court order; AND4. MUST keep the
firearm concealed on their person or in their vehicle, not visible
to the public; AND5. MUST NOT be engaged in any criminal conduct;
AND6. MUST be in compliance with all other federal, state and local
laws and ordinances; AND7. MUST, when asked, inform law enforcement
officers of the firearm when in contact with an ot1icerin the
course of their duties.I cannot overstate the importance of
citizens exercising this important right in a responsible manner.
Itis essential that individuals cooperate with any police officer
and inform them of the presence of thefirearm prior to removing it
from its concealed location. Displaying the firearm at a public
location orwithout the request or knowledge of an ofticer could
constitute a violation of the law.It is my hope that informing
citizens of this important right under Illinois law will ensure
that law-abiding citizens can responsibly and saiely exercise their
Second Amendment rights to the fullest extentcurrently allowable
under Illinois law. I will continue to fight to protect citizens by
ensuring properenforcement of existing laws and by helping to
change laws that interfere with our rights enshrined inthe
Constitution.
