Page 1 of 2 12 LastLast
Results 1 to 25 of 45

Thread: Illinois OC Designation

  1. #1
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    I think it might be a good idea to change the OC carry designation form rural to none.

    It turns out a literal reading of the FELONY UUW act, would cover loaded carry in a rural area, even though it is exempted in the misdemeanor UUW statute.

    Incidentally, the felony UUW statute would appear to apply to such innocent things as shooting at your grandpa's farm. There is a bill to fix this situation. It appears to have a good shot at passing. It would not change the felony nature of OC in a rural area though.

    The impetus for getting this fixed was a guy who got nailed in Cook County under circumstances that apparently were innocent but in technical violation.

  2. #2
    Regular Member
    Join Date
    Oct 2006
    Location
    Southern Illinois, Illinois, USA
    Posts
    364

    Post imported post

    ilbob wrote:
    I think it might be a good idea to change the OC carry designation form rural to none.

    It turns out a literal reading of the FELONY UUW act, would cover loaded carry in a rural area, even though it is exempted in the misdemeanor UUW statute.

    Incidentally, the felony UUW statute would appear to apply to such innocent things as shooting at your grandpa's farm. There is a bill to fix this situation. It appears to have a good shot at passing. It would not change the felony nature of OC in a rural area though.

    The impetus for getting this fixed was a guy who got nailed in Cook County under circumstances that apparently were innocent but in technical violation.
    Please quote the part of the UUW act that makes rural open carry a felony, I can't find it.

  3. #3
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    read the felony UUW statute. no exception for rural areas like there is in the non-felony uuw.

  4. #4
    Regular Member
    Join Date
    Oct 2006
    Location
    Southern Illinois, Illinois, USA
    Posts
    364

    Post imported post

    ilbob wrote:
    read the felony UUW statute. no exception for rural areas like there is in the non-felony uuw.
    That would be for concealed carry!

  5. #5
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    read what it actually says. not what you want it to say.
    (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 anyvehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm;
    ...

    and (3) One of the following factors is present:
    (A) the firearm possessed was uncased, loaded, and immediately accessible at the time of the offense

  6. #6
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    Wonna post the whole statute?

  7. #7
    State Researcher lockman's Avatar
    Join Date
    Aug 2006
    Location
    Elgin, Illinois, USA
    Posts
    1,202

    Post imported post

    (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 or fixed place of business any pistol, revolver, stun gun or taser or other firearm; or
    (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 or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and
    (3) One of the following factors is present:
    (A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense; or
    (B) the firearm possessed was uncased, unloaded and the ammunition for the weapon was immediately accessible at the time of the offense; or
    (C) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card; or
    (D) the person possessing the weapon was
    previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or
    (E) the person possessing the weapon was engaged in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or
    (F) the person possessing the weapon is a member of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or
    (G) the person possessing the weapon had a orderof protection issued against him or her within the previous 2 years; or
    (H) the person possessing the weapon was engaged
    in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or
    (I) the person possessing the weapon was under
    21 years of age and in possession of a handgun as defined in Section 24‑3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24‑2(b)(1), (b)(3), or 24‑2(f).
    (b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24‑1 of this Code.
    (c) This Section does not apply to or affect the transportation or possession of weapons that:
    (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.
    (d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years. Aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years. Aggravated unlawful use of a weapon while wearing or in possession of body armor as defined in Section 33F‑1 by a person who has not been issued a valid Firearms Owner's Identification Card in accordance with Section 5 of the Firearm Owners Identification Card Act is a Class X felony. The possession of each firearm in violation of this Section constitutes a single and separate violation.
    (Source: P.A. 94‑72, eff. 1‑1‑06; 94‑284, eff. 7‑21‑05; 94‑556, eff. 9‑11‑05; 95‑331, eff. 8‑21‑07.)

    edited to remove excessive spaces.

  8. #8
    State Researcher lockman's Avatar
    Join Date
    Aug 2006
    Location
    Elgin, Illinois, USA
    Posts
    1,202

    Post imported post

    Sec. 24‑2. Exemptions.
    (a) Subsections 24‑1(a)(3), 24‑1(a)(4), 24‑1(a)(10), and 24‑1(a)(13) and Section 24‑1.6 do not apply to or affect any of the following:
    (1) Peace officers, and any person summoned by a
    peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.
    (2) Wardens, superintendents and keepers of prisons,
    penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.
    (3) Members of the Armed Services or Reserve Forces
    of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.
    (4) Special agents employed by a railroad or a
    public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.
    (5) Persons licensed as private security
    contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, prior to becoming eligible for this exemption. The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.
    (6) Any person regularly employed in a commercial or
    industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.
    (7) Agents and investigators of the Illinois
    Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24‑1(a)(3) and 24‑1(a)(4), while on duty in the course of any investigation for the Commission.
    (8) Persons employed by a financial institution for
    the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.
    (9) Any person employed by an armored car company to
    drive an armored car, while actually engaged in the performance of his duties.
    (10) Persons who have been classified as peace
    officers pursuant to the Peace Officer Fire Investigation Act.
    (11) Investigators of the Office of the State's
    Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.
    (12) Special investigators appointed by a State's
    Attorney under Section 3‑9005 of the Counties Code.
    (12.5) Probation officers while in the performance
    of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed.
    (13) Court Security Officers while in the
    performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.
    (13.5) A person employed as an armed security guard
    at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.
    (14) Manufacture, transportation, or sale of weapons
    to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.
    (b) Subsections 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:
    (1) Members of any club or organization organized
    for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.
    (2) Duly authorized military or civil organizations
    while parading, with the special permission of the Governor.
    (3) Hunters, trappers or fishermen with a license or
    permit while engaged in hunting, trapping or fishing.
    (4) Transportation of weapons that are broken down
    in a non‑functioning state or are not immediately accessible.
    (c) Subsection 24‑1(a)(7) does not apply to or affect any of the following:
    (1) Peace officers while in performance of their
    official duties.
    (2) Wardens, superintendents and keepers of prisons,
    penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.
    (3) Members of the Armed Services or Reserve Forces
    of the United States or the Illinois National Guard, while in the performance of their official duty.
    (4) Manufacture, transportation, or sale of machine
    guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non‑functioning state or are not immediately accessible.
    (5) Persons licensed under federal law to
    manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.
    During transportation, such weapons shall be broken
    down in a non‑functioning state or not immediately accessible.
    (6) The manufacture, transport, testing, delivery,
    transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.
    The exemption granted under this subdivision (c)(6)
    shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.
    During transportation, any such weapon shall be
    broken down in a non‑functioning state, or not immediately accessible.
    (d) Subsection 24‑1(a)(1) does not apply to the purchase, possession or carrying of a black‑jack or slung‑shot by a peace officer.
    (e) Subsection 24‑1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.
    (f) Subsection 24‑1(a)(4) and subsection 24‑1(a)(10) and Section 24‑1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.
    (g) Subsections 24‑1(a)(11) and 24‑3.1(a)(6) do not apply to:
    (1) Members of the Armed Services or Reserve Forces
    of the United States or the Illinois National Guard, while in the performance of their official duty.
    (2) Bonafide collectors of antique or surplus
    military ordinance.
    (3) Laboratories having a department of forensic
    ballistics, or specializing in the development of ammunition or explosive ordinance.
    (4) Commerce, preparation, assembly or possession of
    explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.
    (g‑5) Subsection 24‑1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g‑5). During transportation, those devices shall be detached from any weapon or not immediately accessible.
    (g‑10) Subsections 24‑1(a)(4), 24‑1(a)(8), and 24‑1(a)(10), and Sections 24‑1.6 and 24‑3.1 do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.
    (h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.
    (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24‑1(a)(7) or subsection 24‑2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.
    (Source: P.A. 95‑331, eff. 8‑21‑07; 95‑613, eff. 9‑11‑07; 95‑885, eff. 1‑1‑09; 96‑7, eff. 4‑3‑09.)

  9. #9
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
    Posts
    6,445

    Post imported post

    (3) One of the following factors is present:
    (A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense; or
    (B) the firearm possessed was uncased, unloaded and the ammunition for the weapon was immediately accessible at the time of the offense; or

    (C) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card; or

    (D) the person possessing the weapon was


    Seems if you have a FOID card you are okay.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  10. #10
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    Venator wrote:
    (3) One of the following factors is present:
    (A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense; or

    (B) the firearm possessed was uncased, unloaded and the ammunition for the weapon was immediately accessible at the time of the offense; or


    (C) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card; or


    (D) the person possessing the weapon was




    Seems if you have a FOID card you are okay.
    note that only ONE of the aggravating factors has to be present for it to be a felony, not all of them.

  11. #11
    State Researcher lockman's Avatar
    Join Date
    Aug 2006
    Location
    Elgin, Illinois, USA
    Posts
    1,202

    Post imported post

    What strikes me as odd is that the UUW statute is silent on open carry in unincorporated areas. But under Aggravated UUW makes it a felony to have a loaded firearm on or about your person (concealed or openly, it is non specific) absent any exemptions in 24-2.



    One would think the agg UUW would enhance penalties to the existing UUW, but as written appears to stand alone making it a felony to open carry in rural areas absent any exemptions. Under Agg UUW having an FOID card by itself does not negate the other two aggravating conditions.






    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 orin any vehicleor concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm


  12. #12
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    Odd? All our firearms laws are odd. They are so poorly written it is near impossible to comply with all of them.

    Rright this second it is a felony to go shooting as a guest at someone's farm. It is legal for the land owner to shoot there, but not his guests. Similarly, itisa felony for you to go to your neighbors house and have him hand a loaded gun to you.

    The NRA is working as we speak to correct this problem via HB182. It appears to have a good chance of passing.

    ButHB182 has no effect on rural carry at all.



  13. #13
    Regular Member
    Join Date
    Oct 2006
    Location
    Southern Illinois, Illinois, USA
    Posts
    364

    Post imported post

    lockman wrote:
    What strikes me as odd is that the UUW statute is silent on open carry in unincorporated areas. But under Aggravated UUW makes it a felony to have a loaded firearm on or about your person (concealed or openly, it is non specific) absent any exemptions in 24-2.



    One would think the agg UUW would enhance penalties to the existing UUW, but as written appears to stand alone making it a felony to open carry in rural areas absent any exemptions. Under Agg UUW having an FOID card by itself does not negate the other two aggravating conditions.






    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 orin any vehicleor concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm
    It seems odd to me that Sec.24-1.6(a) (2) says-
    Carries or possesses on or about his or her person, upon any public steet, alley or other public lands within the corporate limits of a city, village or incorporated town.
    Why mention carrying or possessing is illegal in a city, village or incorporated town when it it illegal in an unincorporated area as well. For that matter why mention concealed on or about his or her person when its covered by carries on or about his person?
    It seems redundant to mention carrys on or about your person and then carries or possesses in (2).

  14. #14
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    It could have been a mistake. They might have meant to use the same language but screwed it up.

    Or maybe someone thought they could improve upon the language and screwed up.

    Its unlikely the legislature ever meant to criminalize some of the behaviors that the wording ended up giving us.

    Keep in mind that the original wording of the UUW act did not have the 3 exceptions in it that allow us to legally transport firearms at all. I doub that was intentional either. Just bad law writing.



  15. #15
    Regular Member
    Join Date
    Oct 2006
    Location
    Southern Illinois, Illinois, USA
    Posts
    364

    Post imported post

    I guess we won't be having any open carry picnic here in Illinois, even if it is on someones private property in the country.

  16. #16
    Regular Member
    Join Date
    Oct 2006
    Location
    Southern Illinois, Illinois, USA
    Posts
    364

    Post imported post

    ilbob wrote:
    It could have been a mistake. They might have meant to use the same language but screwed it up.

    Or maybe someone thought they could improve upon the language and screwed up.

    Its unlikely the legislature ever meant to criminalize some of the behaviors that the wording ended up giving us.

    Keep in mind that the original wording of the UUW act did not have the 3 exceptions in it that allow us to legally transport firearms at all. I doub that was intentional either. Just bad law writing.

    The exemption for transporting unloaded and cased by someone posessing a FOID card was part of the "Safe Neighborhoods Act" . There was discussion at the time that someone transporting down the street a firearm unloaded and in a case.

  17. #17
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    lockman wrote:
    What strikes me as odd is that the UUW statute is silent on open carry in unincorporated areas. But under Aggravated UUW makes it a felony to have a loaded firearm on or about your person (concealed or openly, it is non specific) absent any exemptions in 24-2.
    I think you isloated the proper inquiry - AUUW stand alone by itself? or does it require a UUW violation to begin with? The word aggrvated sure seems to imply somthing worse than the underlying basic plain jane offense.

    Can one of you guys in IL who have been toying with the idea of an OC picnic obtain some legal advice on this? Might cost you some money but would be worth it - usually the state bar has a referral service to get a one time consultation for a minimal fee and perhaps if you find the right atty it culd be cleared up right there.

  18. #18
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    junglebob wrote:
    I guess we won't be having any open carry picnic here in Illinois, even if it is on someones private property in the country.
    Itwill be legal in a few days or weeks if all goes well with HB182.

    It would not even need to be in the country, as long as it was on private property and you were invited.

    However, a home rule unit could potentially make it illegal within their jurisdiction. They can't make it a felony though. because the state constitution forbids them that power.

  19. #19
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    Mike wrote:
    lockman wrote:
    What strikes me as odd is that the UUW statute is silent on open carry in unincorporated areas. But under Aggravated UUW makes it a felony to have a loaded firearm on or about your person (concealed or openly, it is non specific) absent any exemptions in 24-2.
    I think you isloated the proper inquiry - AUUW stand alone by itself? or does it require a UUW violation to begin with? The word aggrvated sure seems to imply somthing worse than the underlying basic plain jane offense.

    Can one of you guys in IL who have been toying with the idea of an OC picnic obtain some legal advice on this? Might cost you some money but would be worth it - usually the state bar has a referral service to get a one time consultation for a minimal fee and perhaps if you find the right atty it culd be cleared up right there.
    Why pay for it? The NRA/ILA guys have lawyers on staff who might be willing to answer the question for free.

  20. #20
    Regular Member
    Join Date
    Oct 2006
    Location
    Southern Illinois, Illinois, USA
    Posts
    364

    Post imported post

    ilbob wrote:
    junglebob wrote:
    I guess we won't be having any open carry picnic here in Illinois, even if it is on someones private property in the country.
    Itwill be legal in a few days or weeks if all goes well with HB182.

    It would not even need to be in the country, as long as it was on private property and you were invited.

    However, a home rule unit could potentially make it illegal within their jurisdiction. They can't make it a felony though. because the state constitution forbids them that power.
    Wow, so we may actually be able to open carry on private property unless there is a local ordinance against it. In most states this would be an intollerable infringement on the right to bear arms.

  21. #21
    Campaign Veteran
    Join Date
    May 2006
    Location
    , Illinois, USA
    Posts
    778

    Post imported post

    In the meantime, you might want to revise your map so someone does not get locked up for 5 years based on a potential mistaken understanding of the law.

    Mike wrote:
    lockman wrote:
    What strikes me as odd is that the UUW statute is silent on open carry in unincorporated areas. But under Aggravated UUW makes it a felony to have a loaded firearm on or about your person (concealed or openly, it is non specific) absent any exemptions in 24-2.
    I think you isloated the proper inquiry - AUUW stand alone by itself? or does it require a UUW violation to begin with? The word aggrvated sure seems to imply somthing worse than the underlying basic plain jane offense.

    Can one of you guys in IL who have been toying with the idea of an OC picnic obtain some legal advice on this? Might cost you some money but would be worth it - usually the state bar has a referral service to get a one time consultation for a minimal fee and perhaps if you find the right atty it culd be cleared up right there.

  22. #22
    State Researcher lockman's Avatar
    Join Date
    Aug 2006
    Location
    Elgin, Illinois, USA
    Posts
    1,202

    Post imported post

    http://www.state.il.us/court/Opinion...ly/1053782.pdf

    Mike, a Cook County case charged a man with AUUW for possessing a loaded firearm on private property of his sister. Price was convicted based on the statutory provision included in the exemption "own land". Since the land was not his the exemption did not apply.

    I do agree in the meantime that the rural open carry designation should be changed to prohibited.

    Good news is that corrective legislation HB0182 has passed both houses of the legislature. But HB182 does require permission of the land owner as part of the exemption except when in an your "abode".

    The corrective language would prevent a conviction like in Price but with the land owner permission I believe for the time being Illinois should go red on the map.

  23. #23
    State Researcher lockman's Avatar
    Join Date
    Aug 2006
    Location
    Elgin, Illinois, USA
    Posts
    1,202

    Post imported post

    The Aggravated UUW statute does stand alone and no wording in the statute requires a violation under another section. The offense and the aggravating factors are all laid out within 24-1.6.

    My above comments are from the plain text and not from advise of legal council.

  24. #24
    Regular Member
    Join Date
    Oct 2006
    Location
    Southern Illinois, Illinois, USA
    Posts
    364

    Post imported post

    lockman wrote:
    The Aggravated UUW statute does stand alone and no wording in the statute requires a violation under another section. The offense and the aggravating factors are all laid out within 24-1.6.

    My above comments are from the plain text and not from advise of legal council.
    Sounds like "fanny pack transport" is the only way to have a handgun available for protection.

  25. #25
    Banned
    Join Date
    Dec 2008
    Location
    Pierce is a Coward, ,
    Posts
    1,100

    Post imported post

    ilbob wrote:
    Odd? All our firearms laws are odd. They are so poorly written it is near impossible to comply with all of them.
    Sure it is. Don't own a gun. You live in a state that hopes its laws frustrate all of its citizens from owning guns. You're swimming upstream by living there.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •