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Thread: Open carry on private property (OUTSIDE of home)

  1. #1
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    Open carry on private property (OUTSIDE of home)

    Hey guys,

    I think it's permissible to open carry on your own property, based on this:

    http://ilga.gov/legislation/ilcs/ful...2000050K24-1.6

    "(720 ILCS 5/24-1.6)
    Sec. 24-1.6. Aggravated unlawful use of a weapon.

    (a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:

    (1) Carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; or"
    Unless there's another law prohibiting it I don't know about - Seems perfectly legal to me.


    But there's another thorny issue. There's a public right of way across my front garden (as is common in the suburbs, the sidewalk). It cuts right across it so you cannot reach (for example) the mailbox, without crossing the public right of way.

    Now is that still considered my land - Or is that what this provision is for:

    "(2) Carries or possesses on or about his or her person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his or her own land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; and [...]"
    Last edited by MikeLovell; 04-20-2014 at 03:30 PM.

  2. #2
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    Really, no one is going to be able to answer if you own a piece or section of land.... I think that you believe that you own this land where people have a public right to access (I suggest you make sure that this is indeed a fact).

    I think in the context of public access to a strip of a property, I think a property owner is the recognized owner of the land and can do anything that they want to it as long as it does not interfere with the public access aspect of the property (until it is taken via eminent domain action).

    And, assuming it is your land, that you can carry on it per the cites you provided.

    Now if this strip of land is automatically converted to a public easement (see http://scholar.google.com/scholar_ca...en&as_sdt=4,14 for what may be a similar situation) is a question as well.

    I have never seen a post box plunked down in the middle of someone's field so I think that more facts are needed to decide the issue of an easement and how this may affect your gun rights.

  3. #3
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    Quote Originally Posted by davidmcbeth View Post
    Really, no one is going to be able to answer if you own a piece or section of land.... I think that you believe that you own this land where people have a public right to access (I suggest you make sure that this is indeed a fact).
    The problem is, who would know this?

    I can't find any ordinance or local law about it.

    Quote Originally Posted by davidmcbeth View Post
    I think in the context of public access to a strip of a property, I think a property owner is the recognized owner of the land and can do anything that they want to it as long as it does not interfere with the public access aspect of the property (until it is taken via eminent domain action).

    And, assuming it is your land, that you can carry on it per the cites you provided.

    Now if this strip of land is automatically converted to a public easement (see http://scholar.google.com/scholar_ca...en&as_sdt=4,14 for what may be a similar situation) is a question as well.

    I have never seen a post box plunked down in the middle of someone's field so I think that more facts are needed to decide the issue of an easement and how this may affect your gun rights.
    Well in this case we're talking about a sidewalk that runs through a small front garden...


    [ HOUSE ]

    [ 20ft of GARDEN]

    [ SIDEWALK ]

    [ 10ft of GARDEN]

    [ MAILBOX ]
    [ ROAD ]

  4. #4
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    Quote Originally Posted by MikeLovell View Post
    The problem is, who would know this?

    I can't find any ordinance or local law about it.



    Well in this case we're talking about a sidewalk that runs through a small front garden...


    [ HOUSE ]

    [ 20ft of GARDEN]

    [ SIDEWALK ]

    [ 10ft of GARDEN]

    [ MAILBOX ]
    [ ROAD ]
    Your county assessors office would have the land plotted pretty good ... recorder of deeds may hold some clues.

    I have always gone by the assessor's drawings ... usually there is a house as a reference point.

    In most towns in IL, the land from the sidewalk to the curb is public land (although you are supposed to take care of it).

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