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Can someone please give me some advice? So I was arrested for carrying my loaded gun in a vehicle in which that gun was in a compartment and not easily accessible or visible. I have a FOID but no CCL. I was pulled over due to no signal and the passenger having marijuana in which they were written a ticket for. They searched the car and I told him there was a gun in there I didnt want to lie. I was arrested for AGGRAVATED unlawful use of a weapon! What are my chances of beating this and still keeping my FOID car. I completed my conceal to carry class this past weekend. Any advice would help Thanks!
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You will be getting a Foid revocation letter in the mail because your foid will be revoked until your case is settled.

 

I find it interesting that a person loses his/her rights until proven innocent. Shame our legal system has gotten so screwed up that you are now assumed guilty upon arrest verses innocent until proven guilty.

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Without a CCL, you are not allowed to transport a loaded handgun.

Once your FOID is suspended/revoked you can't have guns/ammo.

 

Find someone with an FOID who can safely keep your guns and ammo for you until this is over.

A trusted family member or very close friend will probably do.

There may be other options?

 

Do whatever Molly says.

 

 

Good luck...

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You will be getting a Foid revocation letter in the mail because your foid will be revoked until your case is settled.

 

I find it interesting that a person loses his/her rights until proven innocent. Shame our legal system has gotten so screwed up that you are now assumed guilty upon arrest verses innocent until proven guilty.

 

 

"Innocent until proven guilty" is misinterpreted by many. It does not limit the ability of police and prosecutors to arrest and bring to trial

persons that they have reason to suspect of committing a crime. Innocence is to presumed by judge and jury until reasonable proof of guilt is presented.

If police had to assume that everyone is innocent regardless of evidence, they could not arrest anyone.

 

https://legal-dictionary.thefreedictionary.com/Innocent+until+proven+guilty

 

I do not know which term, term revoked or suspended, Should be used concerning the FOID.

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If he completed his CCL class, then he should of had full knowledge of the law. Why do people carry loaded guns when they know that it is wrong?

Of course they cry when caught.

As stated in the OP.

I have a FOID but no CCL...

 

I completed my conceal to carry class this past weekend.

 

 

Timing of arrest and class is not obvious from the post.
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The state police pamphlet that was going around said the following:

 

Broken down in a non functioning state, OR,

Not immediately accessible, OR,

Unloaded, enclosed in a case.

 

This in contrast to an earlier one that said "and," where it's "or." It was changed because the law really didn't specify all 3 conditions had to be fulfilled. It's one of those situations where you might beat the rap, but not the ride.

 

You'll need a good lawyer for this one.

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Where exactly was the loaded weapon in the car? You may transport loaded firearm that is “not immediately accessible.”

 

INCORRECT

 

It MUST be unloaded.

 

That is not how the statute reads.

 

ooops...

 

How "not immediately accessible" does it need to be?

Loaded in a case in a suitcase in the trunk... might as well not be loaded at all.

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https://www.dnr.illinois.gov/hunting/Documents/TransportYourFirearmLegally.pdf

 

State of Illinois
Illinois Department of Natural Resources
Transport Your Firearm Legally

What is immediately accessible?
The test is if a reasonable person would conclude that the firearm is located within relatively quick reach.

 

http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1.6

 

(720 ILCS 5/24-1.6)
(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.

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I guess 2020 is no different for ME. I remain skeptical of all 1st timer posts that seems to hit all 'hot buttons'?

 

And here I thought turning 71 would make me mellow - LOL

If the OP is stating the facts, which I have no info to believe otherwise than:

 

OP has a legitimate claim to legal carry as gun was not immediately accessible

 

OP was not under the influence of Marijuana as he wouldve been charged, nor is the OP being accused of using a federally banned substance while in possession of a firearm. His passenger was charged for something that is now legal after the 1st but is not the one with the firearm. Seems ridiculous the LE would issue a ticket knowing by the time it went to court it would be legal, but this may provide insight into the type of officer.

 

When searching for information on this issue its likely several posts from IC came up so OP asked a question at the site thats got pretty knowledgeable people on the subject.

 

IC actually has a purpose, its not just the boomer backroom safe space.

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If arrested and looking for information on a good lawyer.

I would have hoped that the basic statement was made and not all the extra information.

Its a public forum, stated here over and over by members here in previous posts.

 

None of us are lawyers and yet all of us have differing opinions about each and ever statute ever written.

 

None of this helps this person, first post or not.

 

MollyB is stepping in privately this is good for this person. Second guessing and attempting to locate where and when someones rights may have been stepped on serves this person in no way.

 

I would hope that he reads this thread and sees this bit of advise, surprised no one else handed it out.

 

Do NOT discuss the arrest and possible guilt or not to anything.

Find a good lawyer as asked and then stay away from any and all theories.

You are in direct contact with the best person to answer the questions you seek, privately!

 

Welcome to the Forums

Good Luck with you situation

Follow a Hired lawyer for your situation

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Good luck with your court case. Hopefully you are in the process of retaining a good attorney. No-one on this forum knows the specifics of your upcoming criminal case, and we cannot provide legal advice...

Good advice.

We can give hope and encouragement that this upstanding citizen can provide a test case to get our rights back. It is worth fighting instead of taking some plea agreement losing your rights forever. We could do without the fudds that would look scornfully the OPs way and suggest they shoulda known better to be exercising a natural right.

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