The U.S. Court of Appeals for the Seventh Circuit said in a recent statement that operational limits on Chicago-area gun ranges violate the United States Constitution.
Previously, the City of Chicago forbade shooting ranges from operating outside certain areas and also barred persons under 18 from entering these establishments, citing elevated risks of fire, gun theft, and lead contamination. In its decision, the court completely threw out the geographic restrictions, saying the city presented no evidence in support of its claims. However, the panel left open the possibility that a “more closely tailored age restriction” might not be deemed legal.
Over the past several years, the City and the Seventh Circuit have duelled repeatedly over gun rights, as city officials believe that gun availability is contributing to violence in the city and owners are convinced that these rules violate their constitutional rights.
What to Do at a Traffic Stop
Some city leaders are hostile towards gun ownership, and this attitude often trickles down to officers on the street. To avoid adding to this hostility, it is important to know what to do during a traffic stop. The applicable law is Section (h) of the CCW law, but the words only tell part of the story because the exchange between a CCW licensee and a police officer starts well before the officer comes to the driver’s window.
In the current environment, officers react to anything they consider mildly provocative, and if they get suspicious, that suspicion colors the remainder of the exchange. Most people probably already know these things, but when the flashing lights appear in your rearview mirror:
- Immediately turn on your hazard blinkers,
- Pull over at the first possible safe opportunity,
- Turn off the ignition,
- Turn on the dome light,
- Roll down the window, and
- Put your hands on the wheel at 11 and 1.
This behavior is not about deferring to the police officer, but rather about setting a tone for the rest of the stop that prevents both an unnecessarily unpleasant stop and unwanted governmental intrusion.
When the officer comes to your window, at the first opportunity, hand the officer your drivers license and CCW permit and let the officer ask all the questions. Whatever you do, do NOT reach for the gun, mention a gun, or make any other sudden moves. According to the law, the officer then has the right “to safely secure the firearm for the duration of the investigative stop,” and that normally means confiscating the weapon.
Your license is not conclusive proof that it is lawful to carry the weapon because the officer must determine that the licensee “is physically and mentally capable of possessing the firearm” and “is not a threat to the safety of any person present.”
Reach Out to Experienced Attorneys
It is important to know all your rights and responsibilities as a CCW licensee. For a confidential consultation with an aggressive criminal defense attorney in Schaumburg, contact Glasgow & Olsson. We routinely handle matters in Cook County and throughout Chicagoland.
(image courtesy of Antonio Grosz)