Illinois open carry on private property?

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wlemay

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Is it legal to openly (or concealed) carry a loaded firearm on your own property in the state of Illinois? That includes both inside and outside the home & in residential areas; while staying on your property of course (aside from chicago/cook county... no, I do not live in chicago).

Here is the statute:

(720 ILCS 5/24‑1.6)
Sec. 24‑1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any

vehicle or concealed on or about his or her person except when on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm; or
(2) Carries or possesses on or about his or her

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 or her own land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm;.......


I highlighted the area of the unlawful use of weapons that as far as I can tell says it is legal to carry on private property... But I'm no lawyer, do any of you guys know for sure if it's ok to OC/CC? If so could you please provide some sort of citation for your info... thanks.

I am still a little sketch about whether this applies to private property inside city limits and if it applies for the purpose of self defense while carrying on your own property (see underlined area of statute)... I am sure most neighbors would probably call the cops if they see their neighbor walking around in his yard with a pistol on his side... But I am not sure about what the cops would do when they get there...
 
Just reading the statute you provide it seems pretty clear that it says you can have a weapon on your person as long as you are in your house or on your land... to be honest it sounds like you can conceal carry on your land so as not to alert your neighbors
 
Personally if I were to start carrying on my land I would rather oc; I live right next to east st louis, which is one of the most high crime areas in the country. There are active street gangs within walking distance of my neighborhood, which is a nice neighborhood. We get a lot of breakins in our area, and I see a lot of suspicious vehicles driving slow scoping the area out at all hours of the day. if I am going to carry I want them to see it, not in a theatening manner, but I would rather be be safe than sorry:barf:.

I hate it that this is what is going on, but the world is a messed up place and unfortunaly I live next to a lot of messed up people.:banghead:
 
It sounds like a liberty activist could stand in his front yard wearing a holstered pistol and wait until the cops come and arrest him. Then he could file a lawsuit and win a very licrative judgment. This is how they do things in New Hampshire.

http://freekeene.com/
 
If i had to live in IL (Shudder) you better believe I would OC any time I was on my own property.

Haha, I don't really live here by choice, I was born and raised in this area and am currently working here so for the moment I am stuck. Believe me when I get the chance I am going to **** of the great corrupt socialist state of Blagojevich & friends. I might just start wearing a pistol on my hip when I go outside to do yard work or smoke (already have a 590 ready to rock and roll at all times in the bedroom... when I am home of course)... This is a mean town, and I sure don't want to become a statistic of it. I have known to many people who have been shot at, threatened, and robbed here.
 
You could move to the free state of New Hampshire. No one is stopping you.

There's nothing "free" about New Hampshire's nonresident CCW permits. A couple of years ago, they jacked the fee from $20 to $100.
 
By logical extention if you move there you will then be a RESIDENT and there is no fee for residents to open carry in NH.
 
wlemay,

I know I don't have to tell you about the absolutely bizarre attitude many people in Illinois have about firearms -- you live through it every day and I only read about it. While this law clearly seems to provide exceptions to the carry prohibition, I would strongly urge you to investigate this further. It would be absolutely devastating if someone relying on this exemption was charged and the prosecutor presented some conflicting statute or obscure case law which resulted in a conviction. I'm not suggesting you abandon the thought of carrying while you are out and about on your own property. I'm just suggesting that you insure all your bases are covered.

Also, while you may have already thought of this, you may need to check your county and local laws as well as my perception is that they are able to pass their own firearms laws in Illinois. Perhaps your town has a similar unlawful use statute that doesn't have the same exemption in the state statute. You have probably already investigated this. Just thought it warranted a note.

Are you a member of a sporting or shooting club? Perhaps an attorney affiliated with the club could offer some advice? Spending a few hundred bucks for a written opinion including a review of case law might be money well spent. Just a thought.
 
XQ: I have spent time in IL (post seconday ED) The right to OC on your own property is recognized and generally accepted in IL not even looked into by the local LEO's.

I will say nothing about Chicago city itself or C(r)ook county, but I can state that for the rest of the state, and I am pretty sure after Heller and McDonald, it is the same for Cook county.

(That is why I put the "Shudder" to the idea of actually having to live there perminently in my original post)
 
good point, xquercus.

I will indeed do further investigation of this, I just wanted to see if anyone here had any relevant information I could use; thus far most if not all of what i have seen has been opinion oriented with no real, reliable citations. I will call my local sheriffs office and see what they say. I tried looking up my township's firearm ordinances but I have not found any relevant information; I do not live in city limits but this is a residential area... people deer hunt deep in the woods behind my house all the time, I dont own that property...

Thanks for the help guys but it seems that I have to dig deeper for an actual answer.

I did learn that generally in illinois you can carry firearms on your property or at your place of work (with the owner's permission)... but as of now I have no idea if it is legal in my township... I would think it is; as i have seen nothing that says otherwise... but I wont risk taking a chance without knowing for sure.
 
In Illinois cities & counties can make their own laws (not municipal ordinances), in some areas, under certain circumstances; it's called "home rule" and is dealt with in Art. VII of the ILL. Constitution.
 
wlemay - FYI - do NOT "open carry" unless you want a host of trouble. I live in the unincorporated area between Belleville and Shiloh and was cleaning two of my guns in the shade of my carport this summer. Lo & behold, up drive a sheriff's cruiser. Some schmuck had made a MWAG call despite the fact the guns were obviously in pieces. I had to show him my FOID but that was all.
Depending on your local PD, they will probably be even less friendly.
 
JTHunter -
wlemay - FYI - do NOT "open carry" unless you want a host of trouble. I live in the unincorporated area between Belleville and Shiloh and was cleaning two of my guns in the shade of my carport this summer. Lo & behold, up drive a sheriff's cruiser. Some schmuck had made a MWAG call despite the fact the guns were obviously in pieces. I had to show him my FOID but that was all.
Depending on your local PD, they will probably be even less friendly.

I agree to an extent, I will keep my guns inside the house... The sheriff did not give me a yes or no answer (no surprise there seeing as we live in a police state). I thoroughly read my county ordinances and there was nothing that said I could not carry a firearm on my property. The last thing I want is a encounter with a "not so friendly" police officer who might claim I am getting smart with him for citing a law; which I doubt he or she may be aware of.

When I was a kid me and a buddy were shooting BB guns in his yard; someone called the cops and we had our BB guns confiscated and almost got arrested... we didnt do anything wrong, we were just shooting at empty soda cans. BTW it was not illegal to shot bb guns in that area. Aside from that little "run in with the law" I really shouldnt have anything to worry about since I have a valid foid card & have never been in trouble with the law... I have never even gotten a speeding ticket or been pulled over!

I would love to open carry but there is no telling what could happen if I tried it. Hopefully I can move away from here soon to a state that acknowledges my basic right to self defense.

That's all there is to say for now.
 
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