limited open carry for Illinois

[ilbob]

I have written about this on a couple of forums in disjointed posts that did not make a very good point. I hope this post is better at explaining what I think.

http://ilbob.blogspot.com/2014/02/an-interesting-side-effect-of-fcca.html

I am not a lawyer (IANAL). While I am willing to comment on the law, I would recommend very highly that you not rely on my comments to keep you out of jail. The law as written is very poorly constructed and with a lot of potential nightmares hidden in it.

One of the many strange side effects of the FCCA is that it appears that a FCCL is exempt from being charged with aggravated UUW (AUUW) for carrying a handgun [the felony version of UUW].

AUUW is defined thusly in the law.
(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 ... 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, ... any pistol, revolver, stun gun or taser or other firearm; and
(3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, loaded, and immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed was uncased, loaded, and immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
(B) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act,
...
Note: I edited out some excess verbiage that would have cluttered things up.

The way I read this is if you do (a)(1) or (a)(2), and also (a)(3) it is AUUW. But, if the firearm is a handgun, licensees are exempt from these provisions of AUUW. Note it does not say anything about being concealed or not concealed. Just possessed.

Two of the provisions of note in the non-felony version of UUW are these.

(720 ILCS 5/24-1)
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 ... any pistol, revolver, stun gun or taser or other firearm,...
(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...

Note that what is illegal is carrying concealed or in a vehicle in (a)(4), or within the corporate limits of a city, village or incorporated town in (a)(10). It thus appears to me that it is not illegal anymore for a licensee to carry openly outside the corporate limits of a city, village or incorporated town.

Not that I recommend it just yet.

And note that there may be other laws you could be breaking such as 21-6 that might apply.

 

[SFreed]

Is it just me, or are Illinois gun laws intentionally confusing?

 

[Trent]

edit for rewrite..

 

[Trent]

IL Bob I've often carried openly out in the country on private land (owned by me or others at their invitation). Whether it was "OK" or "Not OK" was irrelevant.


EDIT: Trying to clean this up

(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; and
(3) One of the following factors is present:

Shorten this up:

A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly | Carries on or about his or her person | any pistol | and One of the following factors is present:


(A) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, loaded, and immediately accessible at the time of the offense;
(It is a pistol...does not qualify, go to B)
OR
(B) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense;
(is a pistol, does not qualify, go to B-5)
OR
(B-5)
the pistol, revolver, or handgun possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act;
(It IS a pistol, uncased, unloaded, and you had ammo for it; but you have a license, so does not qualify, go to C)
(C)
the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card;
(You had a valid FOID)

or
(Skip remainder as those are for OP's etc)

As you do not meet ANY of the factors - yes you are off the hook for FELONY violation of AUUW if you have an FCCL and open carry (or concealed carry).


But you are still in violation of a Misdemeanor A for not having the gun "partially or fully concealed" per FCCL, which can carry a 6 month jail sentence.

 

[Trent]

What I find curious is the wording in B-5.

If you have a LOADED pistol you don't meet B-5 even without the exclusion for FCCL.

I never noticed that before.

And .. my, THAT is sure significant, RIGHT NOW, as no FCCL's have been issued.

Looks to me like you can't get convicted of a felony AUUW with a LOADED handgun, even *without* having an FCCL, as long as you don't run afoul of the other clauses.

the wording is incredibly sloppy there.

It's a felony to carry an UNLOADED gun with ammo available, without an FCCL, but they specifically use the word "Unloaded". Meaning, LOADED guns do not meet the definition of B-5.

 

[Jeff White]

Have you guys ever met any of the people who draft these laws? I swear you would have to have 20 or so of them together in one place so you could add up the IQs and get into a double digit number.

This law will undoubtedly be enforced differently in all 102 counties in Illinois until there are some court rulings on what it actually says.

 

[Trent]

Yeah I can't wait to see new jury instructions come out to get an idea of what some of this will mean.