by Jim Shepherd
Recently, I made a big deal out of the fact that on Tuesday, March 21, 2012, Pike County, Illinois passed a voter initiative that rejected the concealed carry restrictions of state law-in Pike County. When that story ran, several readers – including a some very irritated Illinois attorneys, were quick to point out that a voter initiative had no force of law.
Until today, their point hasn’t been addressed. That’s because we couldn’t get any insight into the whole state/local law point.
First, let’s shuck this down to the cob on a key question: can I now carry a concealed firearm in Pike County, Illinois? Short answer: not without putting yourself in potential legal peril.
That’s because the voter initiative hasn’t moved to its logical conclusion. The folks who created the initiative have provided us with the statement they’ve been sending to all the other Illinois counties considering similar initiatives. Here’s how they’re explaining it:
“In Illinois, local governments (county governments, municipal governments) can’t overturn state laws. They can pass local laws that are more restrictive than state laws (like, the death penalty for stray dogs), but they can’t “erase” or “soften” restrictive laws the state legislature has already put in place (like, Illinois’ concealed-carry ban).
But the citizenry, the voters, are not “local governments.” They are The People, who hold ultimate sovereignty over everything. There is no true statutory or constitutional limit on the power of The People. (Maybe that makes me sound like a Right-Wing fanatic, but it happens to be true).
Which is why ever-so-often you’ll see referendums, or constitutional amendments, on your local and state ballots in some elections.
In Illinois, “The People” in any jurisdiction (a municipality, a county, or even the state as a whole), can put any question, or initiative, or referendum, or ordinance they want on any ballot. All it takes is a petition signed by a number of registered voters that equals a certain percentage of the number of voters who participated in the most recent previous election in that particular jurisdiction. That required percentage is surprisingly small. All this information is available from your County Clerk.
Various Illinois pro-gun groups and organizations have previously tried to get counties in Illinois to enact local concealed-carry ordinances. Their mistake was trying to pass these ordinances through their county boards (i.e., their local “legislatures”). County board members correctly say, “We can’t do that,” because laws passed by the state legislature trump laws passed by local legislatures.
So here, we went directly to The People. It only took about six local folks just three weeks circulating petitions to get three times the minimum number of signatures required to put the “Constitutional Carry” ordinance on last week’s Pike County primary ballot. The 3,214 “Yes” votes for the ordinance were actually more than the largest vote total for any candidate or question in the previous Pike County election. The margin of victory was 85 percent. Which has left all Pike County elected officials (including the County Sheriff), with no place to hide. Our state Representatives and Senators are also looking closely at those numbers, and pointing them out to their colleagues (not that many downstate legislators are “soft on guns” to begin with).