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Penalties for Concealed Carry in Illinois by a person with an FOID


bsmith3

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First, I'm new here and I think this is a great forum. Someday we will get CCW in this state. I just hope it isn't a wait until next year type thing like the Cubs. Anyway, if any attorneys or police are reading this, what is the general consensus on an older (50's) male with an FOID conceal carrying? No felony or misdemeanor record. Just interested in past experiences and yes, of course one should not be doing that in the first place. What would happen if

A) Stopped for traffic violation and weapon is discovered on person, :thumbsup: Stopped and searched on street and weapon discovered. I have read that they sometimes go light on first timers, sometimes giving a pass. Again, what are your experiences? Thanks "Long Live the Second Amendment"

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First, I'm new here and I think this is a great forum. Someday we will get CCW in this state. I just hope it isn't a wait until next year type thing like the Cubs. Anyway, if any attorneys or police are reading this, what is the general consensus on an older (50's) male with an FOID conceal carrying? No felony or misdemeanor record. Just interested in past experiences and yes, of course one should not be doing that in the first place. What would happen if

A) Stopped for traffic violation and weapon is discovered on person, :clap: Stopped and searched on street and weapon discovered. I have read that they sometimes go light on first timers, sometimes giving a pass. Again, what are your experiences? Thanks "Long Live the Second Amendment"

 

I wouldn't count on being given a pass on a felony charge. If an officer let someone go who was illegally carrying a weapon and that person then committed a crime with that weapon, that officer would experience :thumbsup:

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First, I'm new here and I think this is a great forum. Someday we will get CCW in this state. I just hope it isn't a wait until next year type thing like the Cubs. Anyway, if any attorneys or police are reading this, what is the general consensus on an older (50's) male with an FOID conceal carrying? No felony or misdemeanor record. Just interested in past experiences and yes, of course one should not be doing that in the first place. What would happen if

A) Stopped for traffic violation and weapon is discovered on person, cool.gif Stopped and searched on street and weapon discovered. I have read that they sometimes go light on first timers, sometimes giving a pass. Again, what are your experiences? Thanks "Long Live the Second Amendment"

 

In Chicago felony arrest (they get points for felonies on their performance scorecards)

 

In the rest of the State, felony arrest

 

 

The chance of an Illinois police officer going light on a person carrying a concealed weapon is almost non-existent.

 

"hey, Jones! Remember that ghuy with the pistol in his car that you let off with a warning? He just shot and killed his wife"

 

That's what every cop that finds you with a gun will think of when he is deciding whether or not to arrest.

 

Don't do it. I carry as a retired police officer and my every day fear is that someone will notice it, call the police and an excitable youg police officer will shoot me and then claim I went for it as he approached.

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IANAL nor am I an LEO.....You are breaking the law...thinking they may go light on you due to it being a first offense? Maybe, but what if they do a full court press and nail you to the cross to be used as an example to others? Chances are, you will never get to carry, touch or own a firearm again. Wrong is wrong whether it's a first offense or not. Lawyering up and getting out of the mess you got into will cost you a ton of cash, time and your good name. Don't do it...
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I have a close friend that is an IN resident and has been charged with UUW, I won't get into the full story here....at least not now as the case is still in court. Things look good for him (he was not carrying concealed, but this is a transport issue) at the moment.

 

However, as of today, his legal fees are pushing $6k after only a couple of weeks. This also occurred in a very "gun friendly" county, so I can't imagine what it would be like in Cook or some others.

 

Personally, if it were me, I'd be hurting as I simply can't afford legal fees like that.

 

The good folks simply trying to protect themselves would get dragged through the mud and serve time for carrying, the thugs roll on a few people for other things and get the weapons charges tossed out.

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There was a time, not all that long ago, that many cops in Illinois, even in Chcago, looked the other way. Not always, but much of the time. Sadly, that time is gone.

 

Do you just make this stuff up to see if anyone challenges you?

 

I became an Illinois cop in 1969 and retired as a Chief in 1987 when I went back on active duty with the Army.

 

I will guarantee you that anytime after UUW came into existence that no Illinois cop cut anyone any slack for carrying a concealed handgun.

 

When I was a young cop it was considered a major event when a cop grabbed somebody with a gun and later, when the anti-gun fever set in, it was considered a really great arrest.

 

I have been here two years and you have posted little or nothing until the last couple of days the entire time I have a been a member. If you're so knowledgeable, how come you weren't contributing anything when everybody was working hard?

 

I am really sick of yammerheads that don't contribute anything but constantly add their pompous, arrogant know nothing opinions to any conversation.

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There was a time, not all that long ago, that many cops in Illinois, even in Chcago, looked the other way. Not always, but much of the time. Sadly, that time is gone.

 

Do you just make this stuff up to see if anyone challenges you?

 

I became an Illinois cop in 1969 and retired as a Chief in 1987 when I went back on active duty with the Army.

 

I will guarantee you that anytime after UUW came into existence that no Illinois cop cut anyone any slack for carrying a concealed handgun.

 

When I was a young cop it was considered a major event when a cop grabbed somebody with a gun and later, when the anti-gun fever set in, it was considered a really great arrest.

 

I have been here two years and you have posted little or nothing until the last couple of days the entire time I have a been a member. If you're so knowledgeable, how come you weren't contributing anything when everybody was working hard?

 

I am really sick of yammerheads that don't contribute anything but constantly add their pompous, arrogant know nothing opinions to any conversation.

 

Get 'em Bud, Get em'!!!!!

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... What is the general consensus on an older (50's) male with an FOID conceal carrying? No felony or misdemeanor record. Just interested in past experiences and yes, of course one should not be doing that in the first place. What would happen if

A) Stopped for traffic violation and weapon is discovered on person, :Drunk emoticon: Stopped and searched on street and weapon discovered. I have read that they sometimes go light on first timers, sometimes giving a pass.

 

Some places in Illinois, including Chicago, will likely charge you with UUW even if you are transporting your firearm legally... Gun encased, unloaded, with FOID.

 

Carrying loaded, I think you risk losing the right to even own a gun ever again, plus whatever else the DA wants to saddle you with.

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Do you just make this stuff up to see if anyone challenges you?

 

I became an Illinois cop in 1969 and retired as a Chief in 1987 when I went back on active duty with the Army.

 

I will guarantee you that anytime after UUW came into existence that no Illinois cop cut anyone any slack for carrying a concealed handgun.

 

I didn't say it was universal. There were lots of cops looking to make brownie points that didn't have the decency to look the other way. I lived in Chicago in the late 70s. I can tell you with considerable assurance that there was a lot of looking the other way going on. My neighbors daughter was attacked in the parking lot at Cook County hospital one night when she came off duty (she was an RN). She winged one of the would be rapists and the other one took off. The cops gave her her gun back and never even filed a report on it. I won't say that would have happened every time but it was not unusual.

 

I used to work with a retired CPD. A great old Irish guy. His philosophy had been gun card meant he was going to cut you as much slack as he could. Unless you were black. Then you were going to the pokey. He really did not like black people one bit. No one is perfect.

 

So while you were out trying to make criminals out of otherwise law abiding citizens, there were at least some cops trying to be decent. Those days are long gone though.

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I'd never carry a weapon on my person, and if I am transporting one with ammo I make sure both are locked up separately in separate parts of the car.

 

I'd never even dream of fanny pack carry. I'd rather not take the risk. I have a perfectly clean record right now.

 

I enjoy having that clean record, it means any background check a cop runs on me comes up clean. I've been pulled over once in my life, at 3am as the designated driver. Cop asked me some questions, took my license and insurance info. Came back 10 minutes later and let me go. Didn't even ask for a breath test, despite the fact that my two friends were heavily intoxicated.

 

Clean records a good thing, it means big brother leaves you alone.

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Do you just make this stuff up to see if anyone challenges you?

 

I became an Illinois cop in 1969 and retired as a Chief in 1987 when I went back on active duty with the Army.

 

I will guarantee you that anytime after UUW came into existence that no Illinois cop cut anyone any slack for carrying a concealed handgun.

 

I didn't say it was universal. There were lots of cops looking to make brownie points that didn't have the decency to look the other way. I lived in Chicago in the late 70s. I can tell you with considerable assurance that there was a lot of looking the other way going on. My neighbors daughter was attacked in the parking lot at Cook County hospital one night when she came off duty (she was an RN). She winged one of the would be rapists and the other one took off. The cops gave her her gun back and never even filed a report on it. I won't say that would have happened every time but it was not unusual.

 

I used to work with a retired CPD. A great old Irish guy. His philosophy had been gun card meant he was going to cut you as much slack as he could. Unless you were black. Then you were going to the pokey. He really did not like black people one bit. No one is perfect.

 

So while you were out trying to make criminals out of otherwise law abiding citizens, there were at least some cops trying to be decent. Those days are long gone though.

 

"Decency" has nothing to do with upholding the law - if they did look the other way, they were wrong and should have been fired. Your neighbor's daughter was lucky in both respects. The "otherwise", says that you, and they themselves, know they are breaking the law. No, it's not right that we can't carry, but that's how it is for now, and back in the 70's. So get out your rat-tailed combs and tounge depressors, and don't break the law!

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I'd never carry a weapon on my person, and if I am transporting one with ammo I make sure both are locked up separately in separate parts of the car. I'd never even dream of fanny pack carry. I'd rather not take the risk. I have a perfectly clean record right now. I enjoy having that clean record, it means any background check a cop runs on me comes up clean. I've been pulled over once in my life, at 3am as the designated driver. Cop asked me some questions, took my license and insurance info. Came back 10 minutes later and let me go. Didn't even ask for a breath test, despite the fact that my two friends were heavily intoxicated. Clean records a good thing, it means big brother leaves you alone.
Why do you keep your ammo seperate? That is not law and never has been. Please for your safety, start transporting your sidearm in the center console with the slide racked back and a loaded magazine right next to it. Do it today!

 

From The ISP Website

 

"Is it legal to have ammunition in the case with the firearm?Yes, so long as the firearm is unloaded and properly enclosed in a case."

 

And the IL Supreme court ruled that a console is an other container so it counts as a "case"

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I didn't say it was universal. There were lots of cops looking to make brownie points that didn't have the decency to look the other way. I lived in Chicago in the late 70s. I can tell you with considerable assurance that there was a lot of looking the other way going on. My neighbors daughter was attacked in the parking lot at Cook County hospital one night when she came off duty (she was an RN). She winged one of the would be rapists and the other one took off. The cops gave her her gun back and never even filed a report on it. I won't say that would have happened every time but it was not unusual.

 

I used to work with a retired CPD. A great old Irish guy. His philosophy had been gun card meant he was going to cut you as much slack as he could. Unless you were black. Then you were going to the pokey. He really did not like black people one bit. No one is perfect.

 

So while you were out trying to make criminals out of otherwise law abiding citizens, there were at least some cops trying to be decent. Those days are long gone though.

 

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Do you just make this stuff up to see if anyone challenges you?

 

I became an Illinois cop in 1969 and retired as a Chief in 1987 when I went back on active duty with the Army.

 

I will guarantee you that anytime after UUW came into existence that no Illinois cop cut anyone any slack for carrying a concealed handgun.

 

I didn't say it was universal. There were lots of cops looking to make brownie points that didn't have the decency to look the other way. I lived in Chicago in the late 70s. I can tell you with considerable assurance that there was a lot of looking the other way going on. My neighbors daughter was attacked in the parking lot at Cook County hospital one night when she came off duty (she was an RN). She winged one of the would be rapists and the other one took off. The cops gave her her gun back and never even filed a report on it. I won't say that would have happened every time but it was not unusual.

 

I used to work with a retired CPD. A great old Irish guy. His philosophy had been gun card meant he was going to cut you as much slack as he could. Unless you were black. Then you were going to the pokey. He really did not like black people one bit. No one is perfect.

 

So while you were out trying to make criminals out of otherwise law abiding citizens, there were at least some cops trying to be decent. Those days are long gone though.

 

People hear these stories and I'm sure some of them happened, But I believe technology today would discourage many officers from risking their employment, pensions etc. with all the cameras and recording devices today. You have Chicago's crime cameras, business security systems, let alone most everyones cell phone has the capability of audio if not video recording. Theres just too much that could go wrong for an officer attempting to give someone a break.

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Is that really true? Mag can be full and in same case as weapon?

 

Yes absolutley yes. Read the statutes, you will not find anything about keeping ammo seperate. I don't know what ever started the rumor that it had to be but it's been around for years and years.

After you read the statutes and learn them start transporting with the unloaded gun in the console with the loaded mag next to it and print off a copy of the statutes and keep them in your vehicle.

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I'd never carry a weapon on my person, and if I am transporting one with ammo I make sure both are locked up separately in separate parts of the car. I'd never even dream of fanny pack carry. I'd rather not take the risk. I have a perfectly clean record right now. I enjoy having that clean record, it means any background check a cop runs on me comes up clean. I've been pulled over once in my life, at 3am as the designated driver. Cop asked me some questions, took my license and insurance info. Came back 10 minutes later and let me go. Didn't even ask for a breath test, despite the fact that my two friends were heavily intoxicated. Clean records a good thing, it means big brother leaves you alone.
Why do you keep your ammo seperate? That is not law and never has been. Please for your safety, start transporting your sidearm in the center console with the slide racked back and a loaded magazine right next to it. Do it today!

 

From The ISP Website

 

"Is it legal to have ammunition in the case with the firearm?Yes, so long as the firearm is unloaded and properly enclosed in a case."

 

And the IL Supreme court ruled that a console is an other container so it counts as a "case"

 

I'd rather avoid confrontation with the police up here. I'm not questioning the legitimacy of your statement, but the way the law is read and how it's applied are not always one in the same.

 

1. I don't own a pistol

2. I doubt my M1 Garand will fit in my back seat

 

Until the laws start to change, or until I move to a more gun friendly area, even if I had a pistol I would not transport it in that fashion.

 

Too vague of a law, too many different ways for someone to immediately interpret it, and too corrupt up here to attempt it.

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Here's a link to the Illinois State Police brochure on how to transport a firearm.

 

Illinois:Transporting a firearm Legally

 

There has been plenty of case law and court decisions to protect all of us if we choose to carry this way.

 

I don't because I already have a concealed carry permit but my wife, Mary, does. She claims that I only get to carry a loaded one to give her time to laod hers.

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I thought we are here to change the law, not break it. I like shooting. I like my gun collection. I really don't want to knowingly put myself in a position of losing the "privilege" of both, not to mention my out of state carry permits, money, and maybe my freedom. Also, in our new society, a felony conviction makes you an official second class citizen. Fanny pack transport in those areas of the state that aren't under home rule, or in a "safe school zone" or any of a Jillion other rules is hard enough.

 

Let's just find a way to get HB148 passed.

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I understand the law, and have read it. I know the court cases.

 

I don't want to bother with it. This isn't the right place to "exercise" gun rights.

 

Oh you live in the regime that is cook county do you?

 

Yes sir, I certainly do.

 

I only recently learned about Cook Counties gun laws when I was looking at AR15's. I stumbled across the Blair Holt Assault Weapons ban, and I know specific counties can control the transportation of firearms. In regards to where I live, the rules are fairly simple and not AS restrictive. Transportation

 

10-5-8: WEAPONS, FIREARMS:

 

A. Carrying, Displaying Weapons: No person in the village shall wear or carry concealed about his person any pistol, revolver, slingshot, metallic knuckles, bowie knife, dirk, razor, chemical mace or like substance, or other dangerous or deadly weapons, or display or flourish any such weapon in a boisterous or threatening manner; provided, that the provisions of this subsection shall not be held to apply to any peace officer while in the discharge of his duty, nor to any person summoned by an officer to aid him in making any arrest or preserving the peace.

 

B. Certain Types Of Weapons Prohibited Or Restricted: No person in the village shall sell, manufacture, or carry the following:

 

1. Two Or More Shots: Any weapon from which two (2) or more shots of bullets may be discharged by a single function of the firing device.

 

2. Chemical Mace, Noxious Gas Prohibited; Exception: Any chemical mace, noxious liquid gas, or like substance; except, however, that United States postal service employees, in the course of their official duties, may use an animal repellent in accordance with existing postal service regulations, on attacking animals.

 

C. Discharging Firearms: No person shall fire or discharge, within the village, any cannon, anvil, gun, pistol or firearm; provided, that the discharge of firearms upon national holidays and in the celebration of other public and general events, or the discharge of blank cartridges by a military company when on parade and in command of the commanding officer, or the discharge of firearms by any village officer or other person in the discharge of any legal duty, when the same is done in such manner as not to endanger the safety of any person or injure any property, shall not be deemed a violation of this subsection, nor shall the discharge of firearms in duly licensed shooting galleries.

 

D. Air Rifles, Slingshots And Bows And Arrows:

 

1. Definitions: That the following definitions apply to this subsection:

 

AIR RIFLE: Any air gun, air pistol, paintball gun, pellet gun or any implement that is not a firearm which impels/propels a breakable paintball, pellet, or other hard projectile at such a force that it is reasonably expected to cause bodily harm or damage to property.

 

BOW AND ARROW: Any prime equipment used in archery or bow hunting, including, but not limited to, crossbows, arrows or darts.

 

MINOR: Any individual under the age of eighteen (18).

 

SLINGSHOT: Any device of any kind, shape or size which utilizes a spring or elastic band, alone or in conjunction with a physical act, to propel a projectile.

 

2. Discharge: It shall be unlawful for any person to discharge any air rifle, slingshot, or bow and arrow on any street, public parkway, public alley, park, other public area within the village, or across the private property of any other person without permission.

 

3. Possession:

 

a. It shall be unlawful for any person to possess or carry, either concealed or unconcealed, an air rifle, slingshot, or bow and arrow, on or about his person or within a motor vehicle, except when on his land, abode, or fixed place of business. Notwithstanding the foregoing, air rifles, slingshots and bows and arrows may be transferred by motor vehicles if:

 

(1) The air rifle, slingshot or bow and arrow is unloaded;

 

(2) The air rifle, slingshot or bow and arrow is contained in a carrying case; and

 

(3) The carrying case is in the trunk or other compartment separate from the driver and passengers.

 

b. It shall be unlawful for any minor to possess any air rifle, slingshot or bow and arrow at any time, except within his house of residence or when accompanied by an adult who is the minor's parent or guardian or adult instructor specified by the parent or guardian.

 

4. Transfers: It shall be unlawful for any person to transfer or sell an air rifle, slingshot or bow and arrow to any minor, except when the recipient minor is the child or ward of the transferor.

 

5. False Statements: It shall be unlawful for any person to falsely represent his/her age to be eighteen (18) years or more in connection with the possession, discharge or transfer of an air rifle, slingshot or bow and arrow.

 

6. Exceptions: This subsection D is not intended to prevent the use of air rifles, slingshots and bows and arrows which do not endanger persons and property when such use is:

 

a. Wholly upon a person's private property and that person is either a nonminor, or a minor supervised by a parent or guardian or adult instructor designated by the parent or guardian; or

 

b. At a licensed shooting gallery where the person is either a nonminor, or a minor supervised by a parent or guardian or adult instructor designated by the parent or guardian.

 

7. Forfeiture: Any person convicted of violating this subsection D shall forfeit the air rifle, slingshot or bow and arrow to the village.

 

8. Penalties: Persons convicted of a violation of any part of this subsection shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00), with each offense constituting a separate and distinct violation. (1951 Code 17-4-10, 17-4-11; Ords. 82-1-4, 82-7-24, 95-20-80)

 

It seems they are far more concerned with air rifles...

 

It's silent in terms of transportation.

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There was a time, not all that long ago, that many cops in Illinois, even in Chcago, looked the other way. Not always, but much of the time. Sadly, that time is gone.

 

Do you just make this stuff up to see if anyone challenges you?

 

I became an Illinois cop in 1969 and retired as a Chief in 1987 when I went back on active duty with the Army.

 

I will guarantee you that anytime after UUW came into existence that no Illinois cop cut anyone any slack for carrying a concealed handgun.

 

When I was a young cop it was considered a major event when a cop grabbed somebody with a gun and later, when the anti-gun fever set in, it was considered a really great arrest.

 

I have been here two years and you have posted little or nothing until the last couple of days the entire time I have a been a member. If you're so knowledgeable, how come you weren't contributing anything when everybody was working hard?

 

I am really sick of yammerheads that don't contribute anything but constantly add their pompous, arrogant know nothing opinions to any conversation.

 

You might want to reread the Rules and Code of Conduct.

 

3. Personal attacks and “flaming” other members is forbidden. This includes disrespect, antagonism, baiting, name-calling and a host of other demeaning attributes. Spirited debate is encouraged and can occur without name-calling or slander. We acknowledge that disagreements are common among groups of diverse people who value individual rights, but ask that interactions remain civil. If you decide to engage in uncivil communication, pursue such matters off the board.

 

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