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Stun gun questions


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#1 Fuddster

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Posted 11 July 2019 - 05:46 PM

So since the ban on stun guns has been overturned, it seems they can be carried, but do they have to be concealed?  I can't seem to find much info.  Seems OK to carry, but no mention of concealment.  And the areas of restriction include some but not all the ones where guns are not allowed.  Hospitals for instance.  I'm thinking one would be reassuring on those occasional visits to the local emergency room late at night.



 
Oh boy, wabbit twacks!

#2 ScottFM

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Posted 12 July 2019 - 06:13 AM

Bueller?


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#3 Gamma

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Posted 12 July 2019 - 07:41 AM

Not aware of any changes to Illinois' restrictions on stun guns. If you're referring to the Caetano SCOTUS case, until someone files suit against Illinois, it doesn't automatically change anything about Illinois law.
Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#4 Molly B.

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Posted 12 July 2019 - 10:05 AM

So since the ban on stun guns has been overturned, it seems they can be carried, but do they have to be concealed?  I can't seem to find much info.  Seems OK to carry, but no mention of concealment.  And the areas of restriction include some but not all the ones where guns are not allowed.  Hospitals for instance.  I'm thinking one would be reassuring on those occasional visits to the local emergency room late at night.

 

 

The Firearm Concealed Carry Act does not include stun guns or tazers as lawful concealable handgun.  The Criminal Code still requires:

(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;

"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#5 Helpdesk9

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Posted 14 July 2019 - 07:43 AM

Not aware of any changes to Illinois' restrictions on stun guns. If you're referring to the Caetano SCOTUS case, until someone files suit against Illinois, it doesn't automatically change anything about Illinois law.

I would imagine OP is referring to People v. Webb, an Illinois Supreme Court case from last March.

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#6 moneepd100

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Posted 14 July 2019 - 02:01 PM

From the FOID section of ILCS

(430 ILCS 65/2) (from Ch. 38, par. 83-2)
    Sec. 2. Firearm Owner's Identification Card required; exceptions.
    (a) (1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.

 

From the Firearm Concealed Carry section of ILCS

 

 (430 ILCS 66/1)

 "Handgun" means any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand. "Handgun" does not include:
        (1) a stun gun or taser;

 

This is confusing. You can purchase a stun gun or taser, but not carry it unless as stated by Molly B. they have to be unloaded and enclosed in a case? You can unload a taser because there is a separate cartridge that fires the two leads. But how do you unload a stun gun? A stun guns do not fire a projectile, it is a contact weapon. Also, a taser without a cartridge can also be used as a contact weapon. So are stun guns and tasers basically home defense weapons?  Any clarification?



#7 THE KING

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Posted 14 July 2019 - 02:07 PM

http://illinoiscarry...attach_id=23214

Please read the Webb case as the prohibition on carrying stun guns in public was found unconstitutional by the Illinois Supreme court.

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#8 Molly B.

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Posted 14 July 2019 - 09:02 PM

I had forgotten the Webb ruling!

 

"the State concedes that stun guns and tasers are bearable arms that fall within the scope of the second amendment."

 

"Because we have concluded that section 24-1(a)(4) constitutes a categorical ban on those weapons, that provision necessarily cannot stand."

 

"we hold the portion of section 24-1(a)(4) that prohibits the carriage or possession of stun guns and tasers is facially unconstitutional under the second amendment."

 

So, it looks like currently, as long as one has a FOID card, one can possess and carry a stun gun or taser.


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#9 RoadyRunner

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Posted 15 July 2019 - 06:24 AM

I had forgotten the Webb ruling!
 
"the State concedes that stun guns and tasers are bearable arms that fall within the scope of the second amendment."
 
"Because we have concluded that section 24-1(a)(4) constitutes a categorical ban on those weapons, that provision necessarily cannot stand."
 
"we hold the portion of section 24-1(a)(4) that prohibits the carriage or possession of stun guns and tasers is facially unconstitutional under the second amendment."
 
So, it looks like currently, as long as one has a FOID card, one can possess and carry a stun gun or taser.


And, they are not subject to those annoying but enforceable signs.... as carrying them is not subject to the restrictions in the FCCA.

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#10 John Q Public

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Posted 20 July 2019 - 06:10 AM

There is more to it then what has been said here... take a more detailed look at the ruling. I have to go to class, but it says that there can be restriction on public places, and cars, that can be prohibited. I need to do more research on this as well. DO not tell people they can carry a taser anywhere with or without a FOID.

 

More later and anyone else to chime in as I don't have time.



#11 defaultdotxbe

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Posted 20 July 2019 - 11:26 AM

There is more to it then what has been said here... take a more detailed look at the ruling. I have to go to class, but it says that there can be restriction on public places, and cars, that can be prohibited. I need to do more research on this as well. DO not tell people they can carry a taser anywhere with or without a FOID.

 

More later and anyone else to chime in as I don't have time.

I don't see anything of that nature in the ruling. Certainly the ruling doesn't preclude the state from passing a new law regulating carrying of stun guns, or one requiring an FCCL to carry them, but thus far they have not done so. It would seem to me that (for now at least) as long as you can possess a stun gun you can carry it as well


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#12 Euler

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Posted 21 July 2019 - 03:29 PM

There is more to it then what has been said here... take a more detailed look at the ruling. I have to go to class, but it says that there can be restriction on public places, and cars, that can be prohibited. I need to do more research on this as well. DO not tell people they can carry a taser anywhere with or without a FOID.
 
More later and anyone else to chime in as I don't have time.


I don't see anything of that nature in the ruling. Certainly the ruling doesn't preclude the state from passing a new law regulating carrying of stun guns, or one requiring an FCCL to carry them, but thus far they have not done so. It would seem to me that (for now at least) as long as you can possess a stun gun you can carry it as well


I agree. The state had been relying on the ban. Now that the ban has been overturned, there's no other state law specifying conditions for carry. I'm sure the Feds have something that applies to Federal buildings, especially courthouses. I don't think even the Gun-free Kill School Zone Act has any prohibition in it. Of course, businesses can still eject anyone, and schools can expel students, but it's not a crime.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

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