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Thread: OC in Illinois

  1. #1
    Campaign Veteran
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    Mar 2007
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    naperville, il, ,
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    I posted this in another thread, but nobody responded. So, I'm reposting it thinking nobody saw it.

    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, and other services. 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.


  2. #2
    State Pioneer ConditionThree's Avatar
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    May 2006
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    Shasta County, California, USA
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    2,231

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    Hmm Illinois. I dunno, man.

    Assuming your community hasnt put an ordinance on the books reguarding carry of firearms, you're looking at best at open carry on foot, just on the block where you live.

    I think instead of asking here, I would invest in an attorney, to be absolutely certain.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  3. #3
    State Researcher
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    Apr 2007
    Location
    , Indiana, USA
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    1,606

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    NO



    Save your money and put it towards a moving truck.

  4. #4
    Moderator / Administrator
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    May 2006
    Location
    Fairfax County, Virginia, USA
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    8,711

    Post imported post

    The sidewalk is usually not on private property. Once you figure out how to stay out of the school zone though, you should be OK to OC on foot in your unicorporated jurisdiction.

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