Governor's Executive Order vs. UUW violation?

[borgranta]

"in such manner as to conceal his or her

identity;"

 

 

Couldn't that be interpreted as "intent"? I would think criminal intent with the specific intention of concealing identity while committing a crime would have to be present before a state's attorney or judge would prosecute this? BUT I AM NOT AN ATTORNEY!

I would interpret it that way otherwise I would feel obligated to commit citizens arrests of all the cops for wearing masks.

[borgranta]

If arrested a lawyer could make the claim of entrapment arguing that the governor's executive orders are akin to a chief law enforcement officer ordering people to do something and subsequently arresting them for following the orders.

[borgranta]

Someone who commented on the article said that there is not even a carve-out for LEO's under the statute from 720 ILCS 5/24-1 through 10 (wouldn't be surprised if this was listed elsewhere in the statute though).

 

Also, what would this mean for FFL's who need to wear masks, shooting ranges (some ranges are starting to open back up with social distancing and masks required), etc.?

Will we see an onslaught of cops being arrested for wearing PPE while armed?

[Molly B.]

No.

[mab22]

 

Someone who commented on the article said that there is not even a carve-out for LEO's under the statute from 720 ILCS 5/24-1 through 10 (wouldn't be surprised if this was listed elsewhere in the statute though).

 

Also, what would this mean for FFL's who need to wear masks, shooting ranges (some ranges are starting to open back up with social distancing and masks required), etc.?

Will we see an onslaught of cops being arrested for wearing PPE while armed?

 

Who would arrest them?

[EdDinIL]

 

I wish people could read, it says .... when in a public place and unable to maintain a six-foot social distance. I can maintain the distance, so I am able, but I may not. Thus no mask required.

 

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What do you do when the store you want to shop at demands it? LEOs can be called for your “trespass” if you mask up or leave.

If ALL stores demand it (and I bet most sheep stores will) then you can’t even vote with your feet.

 

 

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The new EO (not sure if it's been officially published yet) is mandating masks in stores, so the "public place" comment only applies to other places. All stores will be demanding it, sheep stores or not.

[Quiet Observer]

We have had concealed carry in Illinois for 5 years. The number of arrests of licensed carriers for any reason connected to the CCL or UUW laws has been extremely low.

If there was a problem, there have not been numerous arrests for printing or going into a posted area, or any of the other "traps" that many of us worried about at the beginning.

 

If masks and face coverings were a problem, there would have been numerous arrests of CCers during the winters and of parents trick or treating with children.

Police have not been, nor will they be, stopping random people wearing masks to see if they are armed.

Keep it concealed and do not do stupid stuff.

[Tip]

 

 

 

I wish people could read, it says .... when in a public place and unable to maintain a six-foot social distance. I can maintain the distance, so I am able, but I may not. Thus no mask required.

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What do you do when the store you want to shop at demands it? LEOs can be called for your “trespass” if you mask up or leave.

If ALL stores demand it (and I bet most sheep stores will) then you can’t even vote with your feet.

Sent from my iPhone using Tapatalk

 

 

 

 

The new EO (not sure if it's been officially published yet) is mandating masks in stores, so the "public place" comment only applies to other places. All stores will be demanding it, sheep stores or not.

 

But if you claim that you are not “able to medically tolerate” a mask don’t they have to accept it, wouldn’t asking what the condition is/was open them up to possible legal action under ADA and HIPPA laws?

Pretty much same for LEO, isn’t it?

[Quiet Observer]

 

 

 

I wish people could read, it says .... when in a public place and unable to maintain a six-foot social distance. I can maintain the distance, so I am able, but I may not. Thus no mask required.

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What do you do when the store you want to shop at demands it? LEOs can be called for your “trespass” if you mask up or leave.

If ALL stores demand it (and I bet most sheep stores will) then you can’t even vote with your feet.

Sent from my iPhone using Tapatalk

 

 

 

 

The new EO (not sure if it's been officially published yet) is mandating masks in stores, so the "public place" comment only applies to other places. All stores will be demanding it, sheep stores or not.

But if you claim that you are not “able to medically tolerate” a mask don’t they have to accept it, wouldn’t asking what the condition is/was open them up to possible legal action under ADA and HIPPA laws?

Pretty much same for LEO, isn’t it?

 

 

Asking is not a violation of HIPPA. It deals with what covered entities can reveal.

 

". . . Even though most law enforcement agencies do not have to comply with HIPAA because the law does not apply to them as a so-called “covered entity”—that is, a health care provider, a health plan, a health care clearinghouse, or a Medicare prescription drug sponsor. Those covered entities cannot disclose individually identifiable health information (called protected health information (“PHI”)) in violation of HIPAA".

https://www.veteranspress.com/law-enforcement-hipaa

[Sol-Invictus]

 

 

 

(720 ILCS 5/7-13) (from Ch. 38, par. 7-13) Sec. 7-13. Necessity. Conduct which would otherwise be an offense is justifiable by reason of necessity if the accused was without blame in occasioning or developing the situation and reasonably believed such conduct was necessary to avoid a public or private injury greater than the injury which might reasonably result from his own conduct.(Source: Laws 1961, p. 1983.)

 

By not wearing a mask you violate the Governors emergency order and potentially risk spreading a deadly communicable disease to the community and/or your family.

 

 

If the community doesn’t want the risk of ME possibly infecting THEM, then THEY can stay home.

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Do you also claim the right to drive any speed that you wish on any road in any lane or on the sidewalk, and if the public does not want to be injured, they can stay home?

No because the traffic code is a legally passed law. The illegal fascist mask request is not.

 

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[Euler]

... do not do stupid stuff.

No matter what happens, do not think about the white elephant. Concentrate on putting it out of your mind.

[Sol-Invictus]

I wish people could read, it says .... when in a public place and unable to maintain a six-foot social distance. I can maintain the distance, so I am able, but I may not. Thus no mask required.

Sent from my SM-T510 using TapatalkWhat do you do when the store you want to shop at demands it? LEOs can be called for your trespass if you mask up or leave.

If ALL stores demand it (and I bet most sheep stores will) then you cant even vote with your feet.

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Tell them you have a medical condition that wont allow you to wear a mask.

The thought of having to wear a mask because of Jelly Bellys unlawful Executive Order makes you sick !

 

From an LEO friend of mine:

 

You could, but if it boils down to a business owner wanting you removed, you'll be claiming your medical condition to a judge in a court room.

Police dont hear the cases, they just make the arrests.

 

 

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Why the facist rush to suppose I have criminal intent and would violate another's private property rights? Sounds like some projection going on, what a revolting assumption

 

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[soundguy]

Some of this conversation sounds just like my extremely progressive film student nephew... who makes me look like a genuine old fashioned RightWingNutJob. Really! He's got a lot to learn... way more than a lot to learn.

 

So, my almost on topic message rant...

 

From what I can gather:

-wear a mask if you can't maintain social distancing

-if you are carrying... don't worry about it - you are supposed to wear a mask

-if a business asks you to leave for coughing or not wearing a mask... LEAVE!

-if you are exhibiting symptoms, even if you know you really aren't... STAY HOME!

-just don't be stupid...

 

I could do this next stint in my sleep... which actually helps to pass the time and I'm never tired.

 

I am foolishly out and about quite a bit... though not in a foolish way. I hope most of you all are, too. All humans I have encountered in my forays to this new world have been putting up with this as long as I/we all have and are maintaining a very good nature. Close encounters with walkers over the fence have become a real social treat for lots of us... I hope this continues post CoVid 19, even though it is far from new for me.

 

We all should be doing our part. Even if, like my young outraged nephew, it's a bit different from mine.

 

Meanwhile... get some stuff done outside while it's nice and things are slow. I'll be hitting the Home Depot in a few days for building supplies after I figure out what I need. A garage partition, covered pergola rehab/expansion and chicken proof raised garden beds are in my future.

 

If you're still working... Good For You!

And thanks for working! Really!

I look forward to the day we all can join you. You should get a paid vacation when that happens

[joker]

We are under a disaster declaration and being told by the local government to wear face coverings to prevent the spread of COVID 19 (which is a good thing) not to conceal or hide our identities

My business is essential and we are out working everyday, although at about 40 percent of normal capacity

I have been pro active wearing face covering for at 4 weeks to protect m family, employees, customers, and myself

I haven't and wouldn't even think about this as a issue

Concealed carry is just that, concealed carry, nobody should know you are carrying

[mauserme]

https://foxillinois.com/news/coronavirus/facemasks-could-pose-an-issue-for-those-who-carry-a-gun

 

 

...

FOX Illinois sent a question into Governor Pritzker Monday afternoon during his daily press conference asking for clarification on this issue, but we did not get a response.

 

This is an issue that many viewers are showing concerns about, and we will continue to follow up as we receive more information.

Illinois State Police say they are planning on addressing the information soon.

[Lou]

See here for an answer from the ISP. http://illinoiscarry.com/forum/index.php?showtopic=74878&hl=

[Caryboy60013]

i DO NOT WEAR A MASK at all unless i am getting coffee, or depending where i am located. I WILL NOT FOLLOW ANY UNCONSTITUTIONAL LAW BY GOVERNOR FAT a**. AND I AM A STATE EMPLOYEE. THERE IS NO DEADLY VIRUS AT ALL.

[Talonap]

i DO NOT WEAR A MASK at all unless i am getting coffee, or depending where i am located. I WILL NOT FOLLOW ANY UNCONSTITUTIONAL LAW BY GOVERNOR FAT a**. AND I AM A STATE EMPLOYEE. THERE IS NO DEADLY VIRUS AT ALL.

 

As long as you don't infect anyone else, (With whatever you may or may not become infected with yourself.You may already be infected, and not know it.) Do what you want and stop trying to constantly tell everyone how, "Patriotic", you are. (Just a suggestion.)

[mauserme]

Let's stay on topic guys.

[POAT54]

Ask General Flynn what he thinks.

But if you claim that you are not “able to medically tolerate” a mask don’t they have to accept it, wouldn’t asking what the condition is/was open them up to possible legal action under ADA and HIPPA laws?
Pretty much same for LEO, isn’t it?

 

[Euler]

But if you claim that you are not “able to medically tolerate” a mask don’t they have to accept it, wouldn’t asking what the condition is/was open them up to possible legal action under ADA and HIPPA laws?

Pretty much same for LEO, isn’t it?

First, if you voluntarily state that you have a medical condition, you have waived your own privacy. Maybe the store manager calls a cop, or maybe he doesn't, whether he believes you or not.

 

Second, as always, cops are not judges. You don't make your legal argument to a cop. The most you can do is try to convince a cop not to arrest you or cite you, but the cop doesn't have to agree. Once you are arrested or cited, you make your legal argument to a judge.

[Bitter Clinger]

 

First, if you voluntarily state that you have a medical condition, you have waived your own privacy. Maybe the store manager calls a cop, or maybe he doesn't, whether he believes you or not.

 

Second, as always, cops are not judges. You don't make your legal argument to a cop. The most you can do is try to convince a cop not to arrest you or cite you, but the cop doesn't have to agree. Once you are arrested or cited, you make your legal argument to a judge.

 

 

If a cop arrests you for not wearing a mask, what law exactly is he arresting you for?

I've been trying to find this out and it seems that there is no law and the arrest would be unlawful.

[Euler]

 

First, if you voluntarily state that you have a medical condition, you have waived your own privacy. Maybe the store manager calls a cop, or maybe he doesn't, whether he believes you or not.

 

Second, as always, cops are not judges. You don't make your legal argument to a cop. The most you can do is try to convince a cop not to arrest you or cite you, but the cop doesn't have to agree. Once you are arrested or cited, you make your legal argument to a judge.

If a cop arrests you for not wearing a mask, what law exactly is he arresting you for?

I've been trying to find this out and it seems that there is no law and the arrest would be unlawful.

 

EXECUTIVE ORDER 2020-32

...

This Executive Order may be enforced by State and local law enforcement pursuant to, inter alia, Section 7, Section 15, Section 18, and Section 19 of the Illinois Emergency Management Agency Act, 20 ILCS 3305.

...

Those sections of 20 ILCS 3305 don't seem to mention what a refusal to comply with the EO would be. I suspect that an arrest for not wearing a mask in violation of the EO would probably be for disorderly conduct, although they could just make an administrative violation out of it and issue a ticket. An arrest would put you in front of a judge. Trying to make the ticket go away would also put you in front of a judge.

 

I am not a cop, so I'm not sure what a cop's options are. Depending on the jurisdiction, making an arrest on any charge would be stupid if there's no intention on the part of command-level administration to back it up.

[Tip]

According to our local Sheriff he has nothing to arrest you for UNLESS the Public Health Department has obtained a court order that you are violating.

Said, however, if a privately owned business requests you to wear a mask or leave and you refuse then other things will come into play- trespassing for example.

[Mr. Fife]

Don't take any legal advice from cops.