OC in the Chicago Area?

Discussion in 'Legal' started by Penman, May 5, 2008.

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  1. Penman

    Penman Member

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    I'll be in the Chicago area this summer, can anyone advise on the local laws for non-residents carrying OC? I'll be in Naperville most of the time, but will be on some excursions into Chicago also.




    Moderator's Note: He's asking about carrying Pepper Spray (OC=Oleoresin Capsicum).
     
    Last edited by a moderator: May 5, 2008
  2. Autolycus

    Autolycus Member

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    OC should be fine.
     
  3. NavyLCDR

    NavyLCDR member

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    I don't think so. www.opencarry.org lists Illinois as a rural open carry state only (such as California) because of the following statutes.

    You can't "carry" it in your vehicle, and you can't open carry within the limits of an incorporated city, town or village. And there might be Chicago city ordinances that prohibit it. Illinois does not have state pre-emption.

    (720 ILCS 5/Art. 24 heading)
    ARTICLE 24. DEADLY WEAPONS
    (720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)
    Sec. 24‑1. Unlawful Use of Weapons.
    (a) A person commits the offense of unlawful use of weapons when he knowingly:
    (4) Carries or possesses in any vehicle or concealed
    on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

    (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

    (10) Carries or possesses on or about his 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 land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:

    (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.
     
  4. NavyLCDR

    NavyLCDR member

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    Here is the Chicago City Ordinance (read to the end of this post):
    8-24-020 Carrying dangerous weapons.
    No person shall carry concealed on or about his person a pistol, revolver, derringer or other firearm or dagger, dirk, stiletto, bowie knife, commando knife, any blade of which is released by a spring mechanism, including known knives as "switch-blades" or any other type or kind of knife, any blade of which is more than two and one-half inches in length, ordinary razor or other dangerous weapon except that no person 18 years of age or under shall carry concealed on or about his person, any knife, the blade of which is two inches in length or longer. This provision shall not apply, however, to the following officers while engaged in the discharge of their official duties: sheriffs, coroners, constables, policemen, or other duly constituted police officers and warden, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime; nor to the following employees or agents while engaged in the discharge of duties of their employment: conductors, baggage men, messengers, drivers, watchmen, special agents and policemen employed by railroads or express companies; nor to persons lawfully summoned by an officer to assist in making arrests or preserving the peace, while so engaged in assisting such officer.

    Any person violating the provisions of this section shall be fined $200.00 for each offense, or shall be punished by imprisonment for a period of six months, or by both such fine and imprisonment.

    In addition to all other penalties, weapons used in violation of this section shall be forfeited to, and confiscated by, the city. (Prior code 193-30)

    HOWEVER:
    8-24-040 Discharging toy firearms.
    No person shall at any time discharge or set off anywhere within the city, or have in his possession for such purpose any toy firearm, air rifle, toy cannon, or any gun that discharges projectiles either by air, spring, explosive, substance, or any other force. (Prior code 193-31)

    So, I don't know..... According to state law previously posted, it seems illegal. And they might get you, no matter how silly, under 040 above...
     
  5. lysander

    lysander Member

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    You open carry in Naperville and I don't care where you are from...expect the soccer moms to run shrieking and a member of the local SWAT team to use your head for a concrete knee pillow while they sort out your residence and/or the alleged legality of your choice to open carry. :eek: :what:

    Illinois has Home Rule...so municipalities can (and do) have differing local codes on top of the state laws. Further, even if you do your research and find that the letter of the law in a particular area supports you decision to OC. You will be doing so at your own risk because you still may get arrested and charged. It has happened before.

    Here is a good FAQ link to the Illinois State Police's website that will get you started.
    http://www.isp.state.il.us/foid/firearmsfaq.cfm

    I am not a lawyer...but on a personal level I would not recommend OC in Illinois, unless you are in a rural area and you've triple checked all state and local laws.
     
  6. bogie

    bogie Member

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    Dude, it'll cost a little more, but Mistress Paula will dress up in nice shiny black leather and talk pouty at you before she beats you to a pulp.
     
  7. lysander

    lysander Member

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    Here are the relevant portions from that link for an out of stater...bear in mind that these are the recommendations from the State Police...YMMV...but I would say better safe than sorry.

     
  8. bogie

    bogie Member

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    Mistress Paula also understands gun safety, and won't try to screw a glock into your ear.

    The local po-po will.
     
  9. Neo-Luddite

    Neo-Luddite Member

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    I'll be in Naperville most of the time, but will be on some excursions into Chicago also.

    If you have it cased, broken down, and unloaded--you will *still* garner LOTS of attention when (as said) soccer mommy flips out and calls fire in on your position.

    You can have a weapon cased, broken down, and un-loaded; and be discrete. Mere citizens have no rights in this regard here.

    On a side note, consider bringing a supply of psych meds (or bourbon, perhaps) along so that you will be less inclined to run amok from having to *Be* in Naperville; it's like a never-ending upscale strip mall punctuated by subdivisions filled with giant cookie-cutter homes inhabited (mostly) by upwardly mobile people hell bent on demonstrative compulsive conformity and conspicuous consumption.

    The only positive thing to be said is that there are ample resturants and themed sports-bars and such, if that helps.
     
    Last edited: May 5, 2008
  10. El Tejon

    El Tejon Member

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    Is our friend talking about pepper spray or open carryings of a pistol in Illinois???:confused:
     
  11. lysander

    lysander Member

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    Hah!! :D :what:

    Looking again at this:
    ...seems to indicate that the OP may have actually meant carrying OC, as opposed to carrying open carry.

    One of the finest teachers I ever had would chide me for not engaging in "close and careful reading." ;)
     
  12. lysander

    lysander Member

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    Off the cuff...while I do some more digging...I think that Illinois does not have restrictions on OC or Pepper Spray. I think you need to possess a FOID to own a tazer.
     
    Last edited: May 5, 2008
  13. NavyLCDR

    NavyLCDR member

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    Illinois does restrict open carrying. It's in (720 ILCS 5/24‑1) subsection (a) (10):
    (a) A person commits the offense of unlawful use of weapons when he knowingly:
    (10) Carries or possesses on or about his 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 land or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the following conditions:

    (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.
     
  14. hso

    hso Moderator Staff Member

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    He's asking about carrying Pepper Spray (OC=Oleoresin Capsicum).
     
  15. El Tejon

    El Tejon Member

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    Thanks, hso. I was trying to be coy.:D
     
  16. hso

    hso Moderator Staff Member

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    You've eaten so much raw fish you wanted to be a ornamental carp???
    :neener:
     
  17. NavyLCDR

    NavyLCDR member

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    OK, OK! Jeez.... In light of that.... It is specificaly ALLOWED to carry Oleoresin Capsicum and (I think...) Ornamental Carp.

    (720 ILCS 5/Art. 24 heading)
    ARTICLE 24. DEADLY WEAPONS


    (720 ILCS 5/24‑1) (from Ch. 38, par. 24‑1)
    Sec. 24‑1. Unlawful Use of Weapons.
    (a) A person commits the offense of unlawful use of weapons when he knowingly:
    (3) Carries on or about his person or in any
    vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non‑lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or
     
  18. Neo-Luddite

    Neo-Luddite Member

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    mea culpa.

    Naperville is still &%$#@ Babylon. Or rather, it aspires to be Babylon.

    Sneaky-Sneaky--"OC"-but was it firearm related then--oh?
     
  19. FTA84

    FTA84 Member

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    I thought pepper spray was illegal in the city of Chicago?
     
  20. NukemJim

    NukemJim Member

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    Not to the best of my knowledge.

    NukemJim
     
  21. NavyLCDR

    NavyLCDR member

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    It appears as if in Chicago, OC - Pepper Spray, is legal to possess, however, read the next post, you can't have it concealed and you cannot use it in a Class C-1, Class C-2, Class F Assembly Unit (what the heck is that?), restaurant, bar or tavern if more than 20 persons are present.

    This is Chicago Municipal Code 8-24-045

    8-24-045 Noxious gas or liquid.
    (a) No person shall use any device to discharge a noxious gas or liquid in an enclosed room in any Class C-1 or Class C-2 Assembly Unit, as defined in Chapter 13-56 of this Code, or in an enclosed room in any restaurant, bar or tavern that is a Class F Assembly Unit as defined in that chapter, if more than 20 persons are present in that room, unless the person is a peace officer, as defined in Section 8-20-30* of this Code, engaged in law enforcement activity. As used in this section, “noxious gas or liquid” means mace, pepper spray or any other substance that is intended or designed to cause irritation to the eyes, nose or mouth, or to cause nausea.

    * Editor’s note – As set forth in Coun. J. 4-9-03, p. 106797, § 1; correct cite appears to be § 8-20-030.

    (b) Any person who violates this section is guilty of a misdemeanor that is punishable by a fine $500.00, or 30 days imprisonment, or both, for each offense.

    (Added Coun. J. 4-9-03, p. 106979, § 1)
     
  22. NavyLCDR

    NavyLCDR member

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    And you can't carry it in a threatening manner in Chicago and the OC pepper spray cannot be concealed:

    8-4-010 (h) Carries in a threatening or menacing manner, without authority of law, any pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles, slingshot, an object containing noxious or deleterious liquid, gas or substance or other dangerous weapon, or conceals said weapon on or about the person or vehicle; or
     
  23. IllHunter

    IllHunter Member

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    As always...

    what you should'nt do is get caught.:neener:If you engage in risky behaviour you will be eyeballed more than if you are say travelling to an art show with mama and da kids. If you're going to buy crack...then yes, concealed carry is illegal in Illinois.:uhoh:
     
  24. Penman

    Penman Member

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    Thanks for thereplies, everyone. Appreciate the input. Sounds like I'd best develop a limp and carry a cane.
     
  25. wig

    wig Member

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    Yea sure you can OC in Naperville - I live here. Just let me know when and where so I can get the whole PD crashing down on you on tape! I'm sure everyone here would get a good chuckle out of that!

    Seriously, I get nervous going to the range, in cases, in my trunk.

    Damn this state.
     
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