A question on Elmhurst Illinois laws

[NukemJim]

This is a request for information on a situation that , fortunetly did not get completed.

An adult living in Elmhurst Illinois with a valid FOID, got drunk and was going to go up into the attic of a house and shoot a racoon with a .22 semiauto rifle. At 01:30 in the morning.

His family stopped him from doing so.

Assuming that the bullet did not hit anyone, what would be the legal charges and penalties, that could have been brought against him for such an action?

The reason for such a request is that I like hard data when doing a major posterior chewing.:banghead:

And yes the firearms in this house have been removed and placed in safe storage for the time being.

NukemJim
PS For out of state readers, Elmhurst although a suburb of Chicago, is not in Cook County and firearm ownership is legal.

 

[NavyLCDR]

http://library.municode.com/HTML/16..._CODE_ELMHURST_CH51OFAGPUPESAMO_51.18DIFIARPI

and the penalty:

http://library.municode.com/HTML/16...OPTING_MUNICIPAL_CODE_ELMHURST_CH1GEPR_1.06PE

 

[alexp]

Racoon Shooting??

I called the Elmhurst PD and was told there would be no violation he is aware of but did say there may be some animal control violation he wasn't aware of. Hope this helps. he did say that he would shoot the racoon

 

[NavyLCDR]

How can you shoot a racoon without discharging a firearm?

 

[alexp]

Racoon Killer

The ordinance you site hold for discharging a firearm in the city. It has no bearing on protecting your home from predators. If this were true you would be violating the law by firing your weapon at intruders in your home. Since racoons and other varmits are carriers of disease, rabies, shooting one is as much a protection your your life and family as is shooting an intruder. Strict interpretation of the ordinance to apply to all situations of discharge of a firearm in your home is misplaced here. I prefer to rely on the Elmhurst PD practical application of the ordinance.

 

[PlusP]

rent a trap, avoid a possible bullet hole in your house or pissed off wounded coon dead in the walls

 

[NavyLCDR]

The ordinance you site hold for discharging a firearm in the city. It has no bearing on protecting your home from predators. If this were true you would be violating the law by firing your weapon at intruders in your home. Since racoons and other varmits are carriers of disease, rabies, shooting one is as much a protection your your life and family as is shooting an intruder. Strict interpretation of the ordinance to apply to all situations of discharge of a firearm in your home is misplaced here. I prefer to rely on the Elmhurst PD practical application of the ordinance.

The way it works is that when you discharge a firearm within the city limits you DO violate that ordinance. Look in the ordinance and show me the exception for self-defense or defense against critters. Show it to us when you find it. You can't because it isn't there.

When the officer appears on the scene, he will then determine if a situation of necessity existed. If there is sufficient evidence of necessity, like a burglar laying on your floor with a gun in his hand, the cop won't arrest you for discharging the gun because it was necessary to do so to protect your life, even though you did violate the ordinance.

Now, a racoon in the attic? Not so much. Was there a way you could deal with the racoon without discharging the gun? There are traps that can be bought. It might be possible to scare it off, did it pose an IMMEDIATE threat to life or present an IMMEDIATE threat of grave injury? Shooting the racoon is an IMMEDIATE action which would require an IMMEDIATE threat in order to justify breaking the law due to necessity.

A person who kills another person still commits manslaughter. However, the necessity of the manslaughter will determine whether an exception is allowed for committing manslaughter. The same is true of threatening another with a handgun. If I draw my handgun and point it at someone, I am still breaking the law by threatening the life of another with a firearm. Now, if that person had already posed a credible threat to my life or to do grave bodily harm and caused me to draw my firearm, I am acquitted of threatening due to the reason of necessity.

http://www.lectlaw.com/def2/n044.htm

 

[PlusP]

NavyLT, well put and thanks for your service ...

 

[alexp]

Necessity

Ever faced down a Racoon?? A enclosed racoon in an attic is an immediate threat when you go to set the trap. Bu the way who is going to report the shooting.

 

[NavyLCDR]

I'm just saying there is no sure-fire answer to the situation. Next door neighbor hears a shot, or the round goes errant and ends up going in the next door neighbors house. For some reason the police show up.... the first person you have to sell "necessity" to is the cop. If he cites you, then you will have to sell "necessity" to the prosecuting attorney. If he prosecutes, then the judge or jury.

The original question was:

Assuming that the bullet did not hit anyone, what would be the legal charges and penalties, that could have been brought against him for such an action?

and I believe post #2 answered the question.

 

[alexp]

Sure Fire Answer

We had two skunks living under our Condo. Called animal control they trapped and zapped the two within in one day. The answer to the situation as presented only dealt with shooting the varmit. If you can't hit it across a 40' or so attic sell your guns or go back to the range.