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ilbob
Activist Member
| Joined: | Tue May 9th, 2006 |
| Location: | Illinois USA |
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Posted: Fri May 29th, 2009 09:30 pm |
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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.
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lockman
State Researcher
| Joined: | Sat Aug 19th, 2006 |
| Location: | Elgin, Illinois USA |
| Posts: | 638 |
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Posted: Sat May 30th, 2009 07:46 pm |
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http://www.state.il.us/court/Opinions/AppellateCourt/2007/1stDistrict/July/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.
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lockman
State Researcher
| Joined: | Sat Aug 19th, 2006 |
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Posted: Sat May 30th, 2009 07:55 pm |
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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.
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junglebob
Regular Member
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Posted: Sun May 31st, 2009 03:03 am |
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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.
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smoking357
Banned
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Posted: Sun May 31st, 2009 05:49 am |
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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.
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jayspapa
Regular Member
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Posted: Sun May 31st, 2009 10:53 am |
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Swiming upstream maybe, but swiming . The alternitive is to turn tail and run and I for one am not leaveing ! More and more people are getting involved in this fight and it is starting to make a difference .
We WILL be the victor!!!!!
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junglebob
Regular Member
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Posted: Sun May 31st, 2009 02:15 pm |
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smoking357 wrote: 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.
I'm curious smoking357 what state are you from Vermont?
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ilbob
Activist Member
| Joined: | Tue May 9th, 2006 |
| Location: | Illinois USA |
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Posted: Sun May 31st, 2009 10:04 pm |
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lockman wrote: 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.
I would point out that the legislation that was recently passed by both houses of the IL legislature would not affect the rural OC issue at all. It only deals with having firearms on someone else's property with permission.
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lockman
State Researcher
| Joined: | Sat Aug 19th, 2006 |
| Location: | Elgin, Illinois USA |
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Posted: Mon Jun 1st, 2009 12:06 am |
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Yes, even under HB0182 any OC/CC on private land other than your own would require permission of the owner.
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ilbob
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Posted: Mon Jun 1st, 2009 02:48 pm |
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lockman wrote: Yes, even under HB0182 any OC/CC on private land other than your own would require permission of the owner.
and no carry at all in public.
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lockman
State Researcher
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Posted: Mon Jun 1st, 2009 05:52 pm |
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ilbob wrote: lockman wrote: Yes, even under HB0182 any OC/CC on private land other than your own would require permission of the owner.
and no carry at all in public.
Section 3 outlines the circumstances that apply for the aggravated circumstances and unloaded, cased carry is allowed by a FOID card holder. But uncased carry is prohibited loaded or unloaded under this section.
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junglebob
Regular Member
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Posted: Wed Jul 22nd, 2009 02:59 pm |
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| I was wondering has there ever been a case someone knows of where a person was open carrying a handgun and arrested for UUW, and went to court and the case found in their favor or dropped? Or has their been a case of someone convicted of UUW for open carry in a rural area?
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Mike
Super Moderator
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Posted: Mon Aug 24th, 2009 05:23 pm |
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Out of an abundance of caution, we now categorize Illinois as a red "open carry banned" state based upon review of the comments above and a look at the Aggravated Unlawful Use of Weapons (Aggrevated UUW) statute which oddly does appear to stand alone.
This means that our base line talking point is "only 7 states ban open carry, and most allow it without any permit."Last edited on Tue Aug 25th, 2009 12:12 am by Mike
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junglebob
Regular Member
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Posted: Tue Aug 25th, 2009 02:20 pm |
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Mike wrote: Out of an abundance of caution, we now categorize Illinois as a red "open carry banned" state based upon review of the comments above and a look at the Aggravated Unlawful Use of Weapons (Aggrevated UUW) statute which oddly does appear to stand alone.
This means that our base line talking point is "only 7 states ban open carry, and most allow it without any permit." Mike, That's a good change. I'd hate to see someone visiting Illinois open carry in a rural area and get arrested, it sure could spoil a vacation.
I have a friend who open carrys a handgun a lot on his own land, he was open carrying, walking along the state highway that borders his land when a state trooper came driving by and slowed way down like he was going to stop, until my friend got off the right of way onto his own land. He then drove on.
Last edited on Wed Aug 26th, 2009 03:43 am by junglebob
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Sonora Rebel
Regular Member
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Posted: Tue Aug 25th, 2009 11:02 pm |
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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.
Deliberate obfuscation of legal language and issues appears to be an art form in the Socialist state governments that view the Constitution as an annoyance. What they 'meant' is exactly why you can't bear arms w/o possible consequences.
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halal6
Regular Member
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Posted: Wed Aug 26th, 2009 08:44 pm |
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For those of you that may not know. HB182 has been signed by the Governor and is effective immediatley. You may protect yourself on another persons property if you have their permission. You still have to follow the goofy transport laws to get to that property but its still great that I can visit my friend and bring my gun with me.
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Big Gay Al
Regular Member
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Posted: Fri Oct 2nd, 2009 04:35 pm |
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I am so NEVER moving back to Illinois.
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Sonora Rebel
Regular Member
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Posted: Fri Oct 2nd, 2009 06:02 pm |
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Big Gay Al wrote: I am so NEVER moving back to Illinois.
You just echo'd both of my sis-in-laws! 
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junglebob
Regular Member
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Posted: Mon Oct 19th, 2009 06:24 pm |
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I was looking at ILCS 5/24-2 and it has fishing and hunting exemptions and says 24-1.6 the Aggravated UUW does not affect any of the following (3) Hunters, trappers, or fisherman with a license or permit while engaged in hunting, trapping, or fishing.
I was thinking I've had a problem this year with varmints killing chickens. If I got a trapping license I would think I would be able to set traps for them on a neighbors property and then open carry on the road to tend my traps, walking of course. Lockman, what do you think?
Last edited on Mon Oct 19th, 2009 06:26 pm by junglebob
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lockman
State Researcher
| Joined: | Sat Aug 19th, 2006 |
| Location: | Elgin, Illinois USA |
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Posted: Tue Oct 20th, 2009 04:41 am |
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With the trapping license what you described sounds like a legit exemption. If you have the trapping license you better dot all the i’s and cross your t’s when it comes to the wildlife code because now that comes into play.
“Engaged in” is also one thing but does it covers to and from such activities. I don’t know, just something to ponder.
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