Nov 10, 2009 5:08 pm US/Central
Police Decry High Court Ruling On Guns In Cars
CHICAGO (CBS) ―
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An Illinois Supreme Court ruling in October allows drivers to have an unloaded gun and an ammunition magazine in their glove box or arm rest console, holding state law allows someone to transport an unloaded gun in a vehicle if it's in a case.
CBS
Here's something to think about the next time you get in your car: the driver next to you may be packing heat. And, now they can, legally.
CBS 2 Political Editor Mike Flannery reports that an Illinois Supreme Court ruling last month shocked even seasoned police officers.
A sudden gunshot is part of Oak Lawn Police Officer Mike Acke's worst nightmare.
The traffic enforcement officer was as shocked as every other law enforcer we've talked to by an Illinois Supreme Court ruling on Oct. 8. The ruling indicates drivers may conceal guns and easy-to-load magazines of ammo in the arm rest console, where they can lock and load in a matter of moments, introducing a new element of danger to routine traffic stops.
"If there's a gun there and he's in there reaching ... I've got to react," Acke said. "It could be dangerous for me, because there's a gun right there in their reach."
Oak Lawn Police Chief William Villanova said, "It just adds an element that could turn out to be a tragedy."
Before the Illinois Supreme Court's ruling, drivers who carried even an unloaded gun in the glove compartment or arm rest console were subject to a felony charge of unlawful use of a weapon.
Cook County State's Attorney Anita Alvarez said she was flabbergasted. She said she wants the General Assembly to rewrite the law to require that, if guns and bullets are in a vehicle, they're far away from the driver, who might be tempted in the event of road rage.
"I think we've seen that already. If the weapon is readily available, I think you're more apt to use that," Alvarez said.
But the National Rifle Association's chief lobbyist in Illinois said there will be no new legislation in Springfield, unless it also includes "concealed carry," the right for a gun owner in Illinois to carry a loaded weapon.
NRA lobbyist Todd Vandermyde said, "If they wanna solve this, then my suggestion to them is that they need to sit down with us and support and negotiate out a license to carry bill for the State of Illinois."
Cook County Sheriff Tom Dart agreed it is unlikely legislators will change the law regarding weapons inside vehicles.
"I've fought these battles. They are difficult battles. And, in the end, the common sense type of measures almost always lose," Dart said. "Common sense never has really penetrated Springfield terribly well."
Dart served for many years in Springfield. He said he's pessimistic that the NRA and gun control forces can reach a compromise on this or any other issue in the General Assembly.
The heart of the Illinois Supreme Court's ruling is that a container is a container and the law permits someone to transport an unloaded gun in their vehicle if the gun is stored in a case. The ruling held that a case includes a car's glove compartment or arm rest console.
The NRA's next move will be to push for a "concealed carry" law allowing someone to carry an unloaded weapon on their body if it is stored in a fanny pack or other carrying case.
(© MMX, CBS Broadcasting Inc. All Rights Reserved.)
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