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Thread: Is OC legal in illinois?

  1. #1
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    720 ILCS 5 ARTICLE 24. DEADLY WEAPONS
    Sec. 24-1. Unlawful Use of Weapons.
    (a) A person commits the offense of unlawful use of weapons when he knowingly:
    [...]
    (4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm,
    The operative phrases are

    Carries or possesses in any vehicle or

    concealed on or about his person

    If you do either one you are in violation of the law.

    If you are not in a vehicle, and it is not concealed?????

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    Interesting point bob, i've read this same thing on the other boards you've posted it. going to have to ask some questions out there now.

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    Fellers, could this be one of those deals where ,if something is not expressly forbidden, then it is permitted?

    What a hoot it would be if this were indeed the case in the PR of Illinois,and the folks there need to open carry to stay legal!

    Realistically, is there a court in this bastion of communism that would uphold such a doctrine?

    Nice if this were so, but do not hold your breath.....

    TrueBrit.

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    I think the answer is that it appears there is some room to believe OC might indeed be legal, however, there are about 10 other laws that cover firearms and who knows what is squirreled away in them.

    In any case, legal or not, if you OC in Illinois you will almost certainly be arrested. The cops in this state do not care what the law actually says. They will arrest you and let the courts sort it out.

    It is nice to dream though.



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    Regular Member Smurfologist's Avatar
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    ilbob wrote:
    I think the answer is that it appears there is some room to believe OC might indeed be legal, however, there are about 10 other laws that cover firearms and who knows what is squirreled away in them.

    In any case, legal or not, if you OC in Illinois you will almost certainly be arrested. The cops in this state do not care what the law actually says. They will arrest you and let the courts sort it out.

    It is nice to dream though.

    I grew up in Chicago, and, I will tell you......if you have dreams about guns, Mayor Daley will have your a*s under the jail. But, does anyone care? H**l no!! Everyone I know has guns. H**l, I got robbed at gunpoint when I was in high school. I was in the "guns are bad" group of thinkers. Now that I have been in the Marine Corps, shot many of weapons/guns, and moved to Virginia, I think differently. I always (legally) carry my gun. Illinois (and, the rest of the country, for that matter) better wake up. They need to let the people arm themselves for protection because you can rest assure that the criminals will be armed, and, they like living (I do, too)!!

    2nd Amendment........Use it.......Or, lose it!!!!!!!!!!:X
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    It was pointed out that another clause (10 I think) prohibits carry in incorporated areas.

    If nothing else, maybe we could get a more clearly written law that is not any worse than what we have now.

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    Regular Member Smurfologist's Avatar
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    ilbob wrote:
    It was pointed out that another clause (10 I think) prohibits carry in incorporated areas.

    If nothing else, maybe we could get a more clearly written law that is not any worse than what we have now.
    Get all of the Illinois "Pollutitions" to talk to the VA Politicians and you will get gun laws in Illinois that I know you will love!!

    2nd Amendment.........Use it.........Or, lose it!!!!!
    The 2nd Amendment... brought to you by Beretta and the number 1791!!

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    Michigan Moderator Big Gay Al's Avatar
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    720 ILCS 5 ARTICLE 24. DEADLY WEAPONS Sec. 24-1. Unlawful Use of Weapons. (a) A person commits the offense of unlawful use of weapons when he knowingly: [...] (4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm,
    The OPERATIVE phrase above is "Carries OR possesses in any vehicle OR concealed on or about his person... yada, yada, yada.

    Ask any state prosecutor in the People's Republic of Illinois, and they'll tell you Carrying a gun in public is verbotten.

    Of course, the important part that was left off was:

    (4) does not apply to or affect transportation of weapons that meet one of the following conditions: (i) are broken down in a non‑functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card;
    Now, I have to admit, when you read the statute, it does seem as though open carry is possible as long as you're not in a vehicle. I still would not suggest it.

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    Campaign Veteran Dutch Uncle's Avatar
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    While it is plausible for incremental changes for the better to occur in many states, there are some, like IL and NJ where only a regime change will signal the possibility of reasonable self-defense laws. I know this analogy may seem extreme, but would anyone have ever expected the former Communist states to eventually approve freedom of speech, the right to redress of grievances, etc? Of course not!

    If Daley and his various cronies, toadies, enforcers and asswipes are ever kicked out of Chicago, the rest of the state could then assert itself and pass reasonable laws. Not anytime soon, I'm afraid.

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    Folks - read the whole statute:

    SNIP






    . . . (10) Carries or possesses on or about his 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 land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:



    (i) are broken down in a non‑functioning state;









    or



    (ii) are not immediately accessible; or
    (iii) are unloaded and enclosed in a case,









    firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.


    Open carry loopehole in Illinois appears banned by state law in any city, village, or incorporated town - this is sort of like CA's laws!

    Can anyone from Illinoise confirm if land exists outside a city, village, or incorporated town" in Illinoise and if anyone has tried open carrying there?

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    Michigan Moderator Big Gay Al's Avatar
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    I wouldn't recommend it in Cook County.
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    I was alway under the impression open carry was legal but very difficult to do without breaking obscure statutes. I recall an old statute that required written permission from the sheriff to possess a firearm on any county owned land or right of way like a county road.

    I do not recall the statute maybe some one recalls it.

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    Section 21-6 is found under the criminal trespass statutes, but the text cited makes the “Unauthorized Possession or Storage of Weapons“the offence.



    (720 ILCS 5/21‑6)] [size=(from Ch. 38, par. 21‑6)]

    Sec. 21‑6. Unauthorized Possession or Storage of Weapons.]

    (a) Whoever possesses or stores any weapon enumerated in Section 33A‑1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor. ]

    (b) The chief security officer must grant any reasonable request for permission under paragraph (a).]

    (Source: P.A. 89‑685, eff. 6‑1‑97.)]



    720 ILCS 5/33A-1
    Definitions

    (a) "Armed with a dangerous weapon" A person is considered armed with a dangerous weapon for the purpose of this Article, when he or she carries on or about his or her person or is otherwise armed with a Category I, Category II, or Category III weapon.
    (b) A Category I weapon is a handgun, sawed-off shotgun, sawed-off rifle, any other firearm small enough to be concealed upon the person,
    semiautomatic firearms, or machine gun. A category II weapon is any other rifle, shotgun, spring gun, other firearm, stun gun or taser as defined in paragraph (a) of Section 24-1 of this Code, knife with a blade of at least 3 inches in length, dagger, dirk, switchblade knife, stiletto, axe,hatchet, or other deadly or dangerous weapon or instrument of likecharacter. As used in this subsection (b) "semiautomatic firearm" means arepeating firearm that utilizes a portion of the energy of a firingcartridge to extract the fired cartridge case and chamber the next roundand that requires a separate pull of the trigger to fire each cartridge.(c) A Category III weapon is a bludgeon, blackjack, slingshot, sandbag,sand-club, metal knuckles, billy, or other dangerous weapon of likecharacter.

    This would place all public owned land and buildings off limits to OC. I would conclude a hunting license or tag would be such permission. This law as I read it without any other statute to the contrary would place Illinois in the RED, no open carry category. Would not any lawful request be reasonable?

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    lockman wrote:
    This law as I read it without any other statute to the contrary would place Illinois in the RED, no open carry category.
    No, discussed above, in IL, on foot, one may open carry a handgun outside of incorporated areas.

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    State Researcher lockman's Avatar
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    Mike wrote:

    . . . (10) Carries or possesses on or about his person,



    upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except
    Mike your above cite refers to UUW under 720 ILCS 5/21, I am citing an offence under criminal trespass section 720 ILCS 5/21‑6, Unauthorized Possession or Storage of Weapons.

    What would preclude being charged under 720 ILCS 5/21‑6? 5/21‑6 does not provide the exemptions afforded FOID card holders for cased unloaded handguns. If you can not possess a handgun on any county, township or unincorporated village land without prior written permission, that leaves one extremely limited even in unincorporated areas.

    Can exemption provided under 720 ILCS 5/24-1 be applicable to 720 ILCS 5/21‑6? Based on what I read if you enter land as defined in 720 ILCS 5/21‑6 with a handgun without written permission you can be charged under 720 ILCS 5/21‑6, a class A. misdemeanor. The handgun can be loaded or unloaded, cased or not. Hopefully I have overlooked something.

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    lockman wrote:
    Mike your above cite refers to UUW under 720 ILCS 5/21, I am citing an offence under criminal trespass section 720 ILCS 5/21‑6, Unauthorized Possession or Storage of Weapons.

    What would preclude being charged under 720 ILCS 5/21‑6?
    Looks like I need to read the whole text of 720 ILCS 5/21‑6 then - do you have a link handy?

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    1. Where is "land" defined, as mentioned below? Does it inlcude a street or sidewalk?

    2. Link for Section 33A‑1?

    ---------------------------------------------

    "(720 ILCS 5/21‑6) (from Ch. 38, par. 21‑6)
    Sec. 21‑6. Unauthorized Possession or Storage of Weapons.
    (a) Whoever possesses or stores any weapon enumerated in Section 33A‑1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor.
    (b) The chief security officer must grant any reasonable request for permission under paragraph (a).
    (Source: P.A. 89‑685, eff. 6‑1‑97.)"

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    I live in an unincorporated part of Naperville township inIllinois. The township is only a property taxing agency that pays for things like road maintenance. The limits of the township also includes land that is incorporated into other cities. The pavement of the street in front of my house is incorporated into the city of Naperville. My house and the rest of the neighborhood to the south is unincorporated. We use the county sheriff for police services not the city. So, I figure that my neighborhood qualifies for open carry. I researched to find if there is any prohibition at the county level and all I can find is this:

    20-52: GUN FREE SCHOOL ZONE:

    A. It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has a reasonable cause to believe, is a school zone.

    B. Subsection A of this section shall not apply to the possession of a firearm:

    1. On private property not part of school grounds;

    2. If the individual possessing the firearm is licensed to do so by the state in which the school zone is located or a political subdivision of the state, and the law of the state or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the state or political subdivision verify that the individual is qualified under law to receive the license;

    3. Which is:

    a. Not loaded; and

    b. In a locked container, or a locked [highlight= aqua]firearms rack which is on a motor vehicle;

    4. By an individual for use in a program approved by a school in a school zone;

    5. By an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

    6. By a law enforcement officer acting in his or her official capacity;

    7. That is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

    C. Except as provided in subsection D3 of this section, it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm at a place that the person knows is a school zone.

    D. Subsection A of this section shall not apply to the discharge of a firearm:

    1. On private property not part of school grounds;

    2. As part of a program approved by a school in the school zone, by an individual who is participating in the program;

    3. By an individual in accordance with a contract entered into between school in school zone and the individual or an employer of the individual; or

    4. By a law enforcement officer acting in his or her official capacity. (2005 Code)

    SCHOOL: A school which provides elementary or secondary education, as determined under state law.

    SCHOOL ZONE: A. In, or on the grounds of, a public, parochial or private school; or

    B. Within a distance of one thousand feet (1,000') from the grounds of a public, parochial or private school. (2005 Code

    There is a elementaryschool on the other side of the neighborhood from me. I figure if I walk on the sidewalk around my block I could manage to stay the whole time on private property and outside the 1000 ft. limit.

    The police around here aren't even well informed about legal "fanny pack" carrying. So, I figure that if somebody noticed me open carrying (like my next-door neighbor a deputy sheriff) I would get arrested and have to fight out my point in court. Also I would want to get a cheap gun that I wouldn't mind getting confiscated.

    I need to decide if there would be any point to doing this and if I want to get tied up in the justice system for a while.

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