When Illinois became the last state to pass concealed carry legislation, gun rights advocates cheered. Under the law that took effect in January, state residents may apply for concealed carry permits. Applicants must undergo a background check, and their permit requests must be approved by law enforcement.
Gun control is a controversial issue and often incites heated debates. However, Second Amendment issues aside, there could be cause for concern with Illinois’s concealed carry law. Critics point to a major problem with the law as written or, in this case, unwritten. The law is silent on certain liability issues, which could pose problems for business owners.
Business owners have the right to allow or disallow concealed guns on their property. If they post a sign stating that their business is gun-free, then permit holders may not bring their guns inside. If the business does not post a sign prohibiting concealed weapons, then permit holders may bring them inside (assuming it is not a bar, school, stadium or other establishment where the law expressly forbids concealed weapons).
That aspect of the law is easy to understand. What remains unclear is what liabilities business owners face for injuries sustained on their property by a legally carried concealed weapon. It is also uncertain what liabilities business owners face for people who ignore posted signs forbidding concealed weapons on the business property, or for preventing their employees from defending themselves by not allowing them to carry guns.
Legislature Could Have Looked to Neighboring Wisconsin for Guidance
Critics blame the holes in the new law on the haste by which it was adopted after an appellate court ruled on the constitutional question. (These holes are striking given that Illinois boasts some of the most stringent gun laws in the nation.) Other states have successfully addressed these liability issues in their concealed carry laws. Wisconsin, for example, grants immunity to businesses that allow permit holders to carry their concealed weapons. A liability cap such as this limits the amount of damages a business owner would face for injuries sustained on their property from (or from lack of) a concealed weapon.
Here are a few issues that should be clear to business owners regarding concealed carry:
- Owners must allow customers and employees to have guns in their cars in business parking lots.
- Owners are still allowed to keep a gun on business property, outside of concealed carry.
- Owners must post an official state-issued sign if they opt to ban concealed weapons on their property.
The liability issue is a gray area in Illinois’s concealed carry law. If left unaddressed by lawmakers, that question will eventually be addressed in a courtroom. Civil liability issues–especially legally uncertain liability issues–are best addressed with experienced attorneys by your side. If you are a business owner facing these thorny issues, or if you are a victim of an incident that occurred in a business establishment involving a concealed weapon, we can help. Contact one of our experienced criminal defense attorneys today. We can assist those in Chicago and its surrounding counties.