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Concealed Carry Issues in Commercial Leasing

By David P. Resnick and Desiree L. Lauricella

Last year, the Illinois legislature passed the Firearm Concealed Carry Act, 430 ILCS 66/1 et. seq . (the Illinois Act), and thereby became the 50th ' and last ' state in the Union to enact a law that authorizes its citizens to carry concealed firearms. Amid a landscape of wildly divergent opinions on the subject, concealed carry is now the law of the land, in some shape or form.

Despite the political fireworks that preceded its enactment, the core elements of the Illinois Act ' prohibitions and permissions, licensure requirements and exemptions ' are relatively noncontroversial. But when superimposed upon the landlord-tenant relationship, the Illinois Act may give rise to more questions than answers with respect to liability arising from persons carrying concealed weapons. For instance, the Illinois Act does not address the rights of tenants, if any, to enforce its terms against persons within leased premises. Illinois landlords should not only be aware of the basic rights afforded them under the Illinois Act, but also of the issues raised regarding the rights of other occupants of their properties.

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