Serious question about Illinois law

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5kold

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Hey guys. I have been browsing the legal section of this community and I like what I have seen. Very informed advice and extremely mature, helpful replies.

I have a serious question. I live in Illinois and the dumb politicians have yet to hop on the ccw wagon. :cuss: In Illinois, it is legal to carry an unloaded firearm and a loaded magazine on your person so long as they are both in an enclosed case and you have a valid FOID card. It is legal to have the means by which to protect yourself if needed. My question is, what happens when you need it? If a mugger tries his trade on you, what happens legally if you draw your weapon? What happens if you fire it? Remember, I live in Illinois. :)banghead:)

So what are my options with a firearm in the face of danger? It seems I can find all I ever wanted to know about carrying loopholes in IL and WI but nothing explaining how to legally use the tool I could carry. What's the point in carrying legally if you can't use it legally if needed? Thanks all!
 
Even in the worst of states, yours and mine, if you can prove that a reasonable person would have believed that they were in danger of immediate death or serious physical injury, you can do what you have to do. That being said, if someone approaches you and says, "Hi. Give me all of your money or I'll punch you in the face", you can't just shoot them.
 
"if someone approaches you and says, "Hi. Give me all of your money or I'll punch you in the face", " . . .

I would immediately fear for my life.
 
What about the law in Illinois specifically? Can someone use facts to propose what would happen in that circumstance in Illinois?
 
I'm not really sure what the answer to your question is, but I can tell you two things for certain.

1. Soon a bunch of people who think they are being cute will jump into this thread and tell you to move out of Illinois blah blah blah, and not even try to answer your question.

2. You should search this question at illinoiscarry.com forums. I'm sure it has been discussed there in detail.

IANAL, but IIRC Illinois actually has a pretty good self-defense law. With that said, the likelihood of being charged after a self-defense shooting varies GREATLY with the area of the state you are in.
 
Looking around the internet, I have read several articles, some by attorneys.

The best summary on this subject is that you can't use deadly force on someone unless you can't retreat and you believe you are in immediate danger of serious bodily harm.

So, if you have your firearm unloaded, in a case, with your FOID card, and someone tries to rob you, you should retreat. If you can't retreat, then at the point you decide they are going to hurt you, you should pull out the firearm, load it, blast 'em. And remember afterwards that you heard them tell you they were going to kill you/beat your *ss if you did not comply.

It's better to be judged by 12 than carried by 6.​

http://www.2ampd.net/Articles/Bolding/Realistic Self-Defense and the Armed Citizen, Part I.htm
 
Wildbilll and Geneseo1911, thank you very much for your informed replies! I live in central Illinois (decatur, champaign, ...) so if I understand what you're getting at, the law would most likely favor my side provided it was in fact a self defense presentation of a handgun correct?
 
So, if you have your firearm unloaded, in a case, with your FOID card, and someone tries to rob you, you should retreat.

That is pretty much going to be your only choice anyway, because you are not going to have time to get the case, unlock the case, get the gun out of the case, get the case the mag is in, unlock that case, remove the mag ....

As to what will happen to you ... NO ONE can tell you. Got a prosecutor trying to "make his bones"? Have a very anti-gun jury? Have a pro-2nd amendment jury? Is it Tuesday? Is the BG some meth whacked out rich kid out for some thrills? No one can predict the outcome with infinite variables.

There are two things, for certain, I -can- tell you.

1) If YOU end up dead, not of the above counts for squat.
2) If you don't end up dead, and the BG does, your life will change forever in ways you can't possibly imagine.

That said ... I'll take 2 over 1 every day of the week, regardless of what any "law" says.
 
When I lived in IL, if you can call that living, I just figured it would be better to be judged by twelve than carried by six. That's really the entire bottom line in about any state... Illinois just has a lot more tangle to it.
 
That is pretty much going to be your only choice anyway, because you are not going to have time to get the case, unlock the case, get the gun out of the case, get the case the mag is in, unlock that case, remove the mag ....

I have one of these http://http://store.thewilderness.com/index.php?cPath=51 for my glock 20 (15rd mags loaded with 165gr jhp doubletaps), along with a tlr-1 and tritium/fiber optic sights. So drawing and loading quickly is not a problem.

If I draw on someone who either has a weapon and intends to use it, or physically attacks me, is that illegal?
 
If you believe that you are going to be seriously injured or killed, and you have no way to retreat from the situation, then you really have no choice but to protect yourself, and a reasonable person would agree with that.

Scenario: you are getting into or out of your car and you are confronted with an armed robber. You are trapped in that you can't get clear of the door opening on the car and to retreat means to turn away from the aggressor and into the car to try and either start it up and drive away or crawl through to another door opening.

You are trapped. Use whatever force is needed to stop the felony that is in progress.


All of the other comments about anti-gun juries, etc are hypotheticals that will always be posted here in this forum.
 
Thanks, Bill. And thank you to everyone who answered my questions!
 
Is "fanny pack" transport an effective means of self defense? No. Do some believe it is better to have the tool available incase it may be needed? Yes. It is a personal decision, just like carrying a firearm in every other lawful place is a personal decision.

As to the original question, it will depend upon the circumstances, the responding law enforcement officers and the DA. IL does have a pretty good statute that defines justifiable use of force -

(720 ILCS 5/Art. 7 heading)
ARTICLE 7. JUSTIFIABLE USE OF FORCE; EXONERATION

(720 ILCS 5/7 1) (from Ch. 38, par. 7 1)
Sec. 7 1. Use of force in defense of person.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.
(b - In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93 832, eff. 7 28 04.)

(720 ILCS 5/7 2) (from Ch. 38, par. 7 2)
Sec. 7 2. Use of force in defense of dwelling.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent,
riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or

(2) He reasonably believes that such force is
necessary to prevent the commission of a felony in the dwelling.

( b - In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93 832, eff. 7 28 04.)

(720 ILCS 5/7 3) (from Ch. 38, par. 7 3)
Sec. 7 3. Use of force in defense of other property.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.
(b - In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.
(Source: P.A. 93 832, eff. 7 28 04.)

eta - illinoiscarry.com is a fantastic site with a wealth of illinois specific information.
 
It sounds like the question you want answered is: "Does 'self defense' provide an affirmitavie defense to a violation of Illinois' UUW statute?"

I don't believe you'll find a very valuable answer to this question on an internet gun forum (certainly not one I would bet my freedom on :D). If you truly serious about the question, I expect you could get a local criminal law attorney to research and answer it for a reasonable fee.
 
I live in sionilli and I believe that the law states the transportation of a firearm in a car must be in closed in a case with or without the ammo and mags but cannot be easily accessible. So as I interpret the law you would be breaking the law by having your pistol easily accessible. Does that make it right that you cannot legally defend yourself in your car? No Hopefully things change soon
 
Would you be suprised to know that the law in IL does not speak specifically about transportation in a car?

If the gun is unloaded, in a "case" and you have a FOID card, you are legal.

http://www.isp.state.il.us/foid/firearmsfaq.cfm

How can I legally transport a firearm on my person or in my vehicle?
There is more than one way to legally transport a firearm. However, in order to be in compliance with all statutes, it is recommended all firearms be transported:
Unloaded,
Enclosed in a case and,
By persons who have a valid FOID card.

And as of now a "case" is just about anything that houses a gun.
IL Supreme Court says so.

IL Wildlife code says it needs to be designed to house a gun, and fully enclose it. Wildlife code violation is not a serious offense.
 
A Wildlife Code violation is still a misdemeanor that will cost time and $$$. If
 
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