Multiple Illinois Counties no longer prosecuting concealed carry

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Trent

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This is in MY county. :)

http://www.pjstar.com/news/x1806087301/Umholtz-Concealed-carry-now-OK-in-Tazewell-County

PEORIA —
Tazewell County State's Attorney Stewart Umhotlz announced Friday he would not prosecute people who carry a firearm outside their home if that person is legally allowed to possess a weapon.

"A citizen who wishes to exercise their Second Amendment right to carry a firearm outside of the home for self-defense should not be placed in the situation where they fear prosecution if they exercise a Constitutional Right," the prosecutor said in a news release.
 
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PEORIA —
Tazewell County State's Attorney Stewart Umhotlz announced Friday he would not prosecute people who carry a firearm outside their home if that person is legally allowed to possess a weapon.

"A citizen who wishes to exercise their Second Amendment right to carry a firearm outside of the home for self-defense should not be placed in the situation where they fear prosecution if they exercise a Constitutional Right," the prosecutor said in a news release.

That's how it should be everywhere. Glad to see there is at least one level headed prosecutor/DA
 
When does Illinois automatically get constitutional carry, if that's still happening? Was it June 19?

We default to constitutional carry on July 9th if the governor doesn't sign the CCW bill that's on his desk, by then.

I know Mr. Umholtz (our States Attorney), as well as the Tazewell County Sheriff, and I have no doubt he's sincere.

So now .. the decision.

Choice A: Carry, and if I get stopped, charged, arrested, AND the State presses charges against me, I could take my chances with a jury. My certifications and 40+ hours of documented training should go a long way, but ultimately, the 7th circuit's decision would be a great defense all on it's own.

Choice B: Wait for the liberal Governor and Attorney General to get their act together, and wait ANOTHER 180 days for the Illinois State Police to get the application process done, and start carrying sometime next year.

Anyway.. everyone has to make their own choices in life.

I'll keep my particular choice.. well, private. :)
 
Peoria county just added their .02, and becomes a "shall carry" county. :)

http://www.pjstar.com/news/x1806087...carry-now-OK-in-Tazewell-County#axzz2WDlyPFyu

By 3 p.m., Peoria County State’s Attorney Jerry Brady said he agreed with much of what his colleague across the river said.
“Since the court’s ruling, Peoria County has been following the court’s opinion and not charging persons with valid FOID cards entitled to possess a firearm,” he said. “Our office seeks to follow the court’s opinion and honor a person’s constitutional rights outlined by the recent decision.”

Woodford county expected to be next.
 
Remember, this is prosecutorial discretion, folks.

They WILL nail you to the wall if you walk around with a loaded rifle, or do something stupid.

But if you are discrete... and don't make waves...
 
But if you are discrete... and don't make waves...

That is the way it should be everywhere. Apply common sense to a 2A issue. It is also the way it is from a practical point of view in National Parks where they honor the state's concealed carry permits.... but lordy, don't shoot that gun for anything unless your life is in danger.
 
That is the way it should be everywhere. Apply common sense to a 2A issue. It is also the way it is from a practical point of view in National Parks where they honor the state's concealed carry permits.... but lordy, don't shoot that gun for anything unless your life is in danger.

Yup, I agree. As of last night, 3 counties in Central IL (Tazewell, Peoria, Woodford) have gone on TV and said they will not prosecute someone who is exercising their rights to carry a firearm for personal protection.

They did NOT say they would not prosecute gun crime. Common sense will need to prevail. Don't carry if you are drinking. Don't carry on school grounds, or in to a courthouse, etc.

I have to say it was a strange feeling to watch this play out on the news last night. Each state's attorney in the 3 counties was interviewed and gave their thoughts on it.

I feel better knowing they have made an "official" stance, and that the entirety of the pool of potential jurors in my county have now heard 'we won't prosecute...'

There's always the chance of getting picked up by the Illinois State Police, and run through the wringer. But being able to play that newsreel in court to your jury, to cite the 7th's decision, to lay out exactly how you were carrying and that you were doing so safely...

That all combines to make the decision "to carry, or not to carry" that much easier.
 
Best for everyone to keep his/her own council regarding CCW in IL these days I'd say. The battle may be close to over, but there is ALWAYS a last casualty. Especially with little miss Lisa as our state AG, I'd advise caution. That said, I'm happy for the counties that have spoken up for the rights of citizens.
 
I find it odd that the State's Attorney now decides to stop prosecuting for something that HAS BEEN LEGAL for decades. Nowhere in the article did it mention a LOADED firearm... but it did mention that the sheriff would arrest you. I think what the State's Attorney is doing is acknowledging the already existing law for carrying a weapon 'unloaded and in a case or box'. The only thing changing is their agenda to prosecute law abiding people.

Anyone with a FOID card can, and could for decades, carry a firearm outside of their home. Unloaded and in a case, box, or container. Fanny pack, wrapped in a t shirt... whatever. If you were hunting, you had to have your firearm unloaded and in a real gun case, and the case had to be zipped or buckled. (and even that's no longer true)

People have been arrested for legally having a cased firearm. The State's Attorney has prosecuted. Then you had the choice to surrender the firearm and plead to a lesser crime like an invalid FOID, pay a fine, and go on with your life, smacked on your bottom and reminded that 'although it was legal, it was not liked'. ("Have you learned your lesson?" is a quote from a Tazewell Co. detective in this matter by the way.)

OR... Hire a lawyer and see a judge. Whereby the charges were dropped. Because nothing illegal was done.


I DO NOT BELIEVE THAT HAVING A LOADED GUN IS OK RIGHT NOW. I think it will get you arrested. It may get you in prison. I think an unloaded cased or bagged or boxed gun is as ok now as it's ever been. I think with the attention to the law being changed, the State is too cowardly to attempt to further their own agenda for now.
 
Nowhere in the article did it mention a LOADED firearm...

Any reasonable interpretation of the interviews and statements make it clear to the rational person that loaded weapons carried for purposes of self defense is the topic being discussed.



That all combines to make the decision "to carry, or not to carry" that much easier.

As does the ability to depose and have three county AG's act as witnesses on your behalf in a trial after you are arrested in Chicago for carrying...

"Equal Protection" and all.... pesky Constitution...



Willie


.
 
The words above, spoken by a man who has been arrested what.. 2, 3 times in Tazewell, for carrying an UNLOADED firearm, in a CASE... are well warranted. :)

The article mentions "concealed carry". Doesn't mention a loaded firearm. Also says "we will use discretion when deciding to prosecute".

Meaning, you're likely to get arrested, then they will make a decision on whether to throw the book at you.

Ergo.. if you decide to carry, be prepared to defend yourself in court! And understand the ramifications if you LOSE.

Thanks, and, let's meet up for some coffee, cauldron. :)
 
It's a good day for coffee.

and it's four arrests for weapon violations... one a felony.
Never arrested for anything else, and I have no record.

but I do have a $2000 glock! :cuss:
 
It's a good day for coffee.

and it's four arrests for weapon violations... one a felony.
Never arrested for anything else, and I have no record.

but I do have a $2000 glock! :cuss:

Dinner at the usual spot? PM me a time if you're free this evening. :)
 
I'm in DuPage and they haven't said anything yet that I am aware of. I'll wait till July 9th.

Should be interesting to see what Quinn will do. (LOL)

Jim
 
If the state police stops you for a minor traffic violation and you are carrying a concealed weapon you MUST inform the officer that you are. You will be arrested. Your weapon will be confiscated, your vehicle will be towed, and you will go to jail. You will then have the option of posting bail or sitting behind bars for a few days, that's up to you.

You will then have to appear in court and hope the judge is in agreement with the states' attorney in dropping the charges against you. If you posted bail you may or may not get that money back. You will be out a towing fee on your vehicle, time spent in jail if you didn't post bail, and the hassle of getting your weapon back which could be a very time consuming process. Is it really worth it?
 
My uncle is the sheriff of my county and my mother in law has been working in the circut clercks office for over 20 years. Im fixin to put some bugs in peoples ears and get our county on board. I live in south central ill-noise and I've dedicated my life to making Chicago politicians angry:)
 
If the state police stops you for a minor traffic violation and you are carrying a concealed weapon you MUST inform the officer that you are.

No, you don't.

The bill hasn't passed, and even if it DOES, it applies only to license holders.

Normal FOID people have never had a 'duty to inform', nor will they.

You will be arrested.

Possibly. I've been stopped by the IL State Police several times, refused searches, and been run through the wringer. If they can't get a warrant, they aren't searching diddly squat.

Your weapon will be confiscated, your vehicle will be towed, and you will go to jail.

Maybe. See above. I've been stopped before, refused searches, had them get nasty with me, held my ground, and drove away afterwards with a speeding ticket.


You will then have the option of posting bail or sitting behind bars for a few days, that's up to you.

If it gets to that point. By then, my lawyer will involved.

You will then have to appear in court and hope the judge is in agreement with the states' attorney in dropping the charges against you. If you posted bail you may or may not get that money back. You will be out a towing fee on your vehicle, time spent in jail if you didn't post bail, and the hassle of getting your weapon back which could be a very time consuming process. Is it really worth it?

If the States Attorney doesn't agree there was a crime committed, then you get released.

The tricky part is getting the firearm back. They can hold that for a long time for evidence, at least, until my lawyer gets the arrest expunged from my record.
 
Not prosecuting a non existing law is easy. There is no carry law. You cannot be prosecuted for concealed carrying. Because there isn't a law.

It is still illegal to carry a loaded weapon in Illinois. :banghead:
 
Maybe. See above. I've been stopped before, refused searches, had them get nasty with me, held my ground, and drove away afterwards with a speeding ticket.


Advice to the wise when refusing "consent searches":

Gopro Camera mounted on a suction cup: What's good for the dash-cam of the police is good for the dash-cam of the citizen.


Willie


.
 
The bill hasn't passed, and even if it DOES, it applies only to license holders.

Normal FOID people have never had a 'duty to inform', nor will they.
The state police are well aware of the counties that are now allowing concealed carry, so if you're stopped in one of those counties I'd say there's a pretty good chance they'll ask you if you are carrying.
 
The state police are well aware of the counties that are now allowing concealed carry, so if you're stopped in one of those counties I'd say there's a pretty good chance they'll ask you if you are carrying.
And the correct answer is "I have nothing illegal in my vehicle. I don't consent to any searches."
 
And the correct answer is "I have nothing illegal in my vehicle. I don't consent to any searches."

Yup.

I refused a search of my car once, they got a warrant that listed the interior of the car.

After pulling interior panels off, running the dogs through, etc (they made a REAL mess of my Z28), they bring me my locked briefcase and demanded I open it.

"I'm sorry, that isn't on the warrant."

They tried to get ANOTHER warrant but the judge wouldn't answer the phone again (by then, it was early AM..)

So I got my briefcase back (which contained a Glock 21), and on my way I went..
 
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It is still illegal to carry a loaded weapon in Illinois. :banghead:

Yes, it is. But by the time my lawyer finishes filing a series of motions for hearing, and they schedule a grand jury, and we get to jury selection, the 7th's injunction will kick in, the new UUW briefs will be written for jurors (or they will be VOID with no replacements), and the case will be dismissed. That's assuming they even bother to charge me. That's mostly the message the state's attorney's are giving now; "we're not going to bother prosecuting, because there's no point. By the time the case goes before a judge, the injunction kicks in."

Fair weather, opportunistic Republicans.

Make no mistake. They couldn't push and win a case if they TRIED right now. Which is why they're suddenly making public statements.

Note; they didn't do it six MONTHS ago.

They didn't do it a YEAR ago.

They did it less than a month before the injunction kicks in, because there's NO MORE SLOTS ON THE SCHEDULE FOR TRIALS BEFORE JULY 9th.
 
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