Tvandermyde Posted September 7, 2012 at 01:25 PM Share Posted September 7, 2012 at 01:25 PM I recieved a call from Valinda earlier thei week about a person who was arrested and charged with a misdemeanor UUW for having a cased handgun in the trunk of a vehicle. I willbe going by the cop shop in South Elgin to speak witht he Chief and drop off a freedom of information act request for certain documents and recordings. If the gun was where the individual said it was, then a video from a dash cam should show that and case closed -- pun intended. then on to the next step which may include a 1983 action. we'll see how they treat me, considering I will have the statute and a copy of Diggins and Holmes with me. Oh and a lawyer on speed dial Link to comment Share on other sites More sharing options...
Uncle Harley Posted September 7, 2012 at 01:27 PM Share Posted September 7, 2012 at 01:27 PM keep us posted Link to comment Share on other sites More sharing options...
TyGuy Posted September 7, 2012 at 02:09 PM Share Posted September 7, 2012 at 02:09 PM Was it unloaded? Link to comment Share on other sites More sharing options...
abolt243 Posted September 7, 2012 at 02:11 PM Share Posted September 7, 2012 at 02:11 PM Cased in the trunk?? So much for LEO's knowing the law. Unfortunately, it will take some of these cases being won before LE agencies decide that it's important to teach thier officers what the law really is. Rather than going by what they were taught by some gnarly old instructor at the academy that thinks only cops should have guns. According to the statute, wouldn't make any difference if it's unloaded. Being in the trunk would qualify as "not immediately accessible", one of the "or" qualifiers". Link to comment Share on other sites More sharing options...
TyGuy Posted September 7, 2012 at 02:16 PM Share Posted September 7, 2012 at 02:16 PM I know that, but perhaps the LEO didn't (which they should). I just wanted "the totality of the circumstances". Link to comment Share on other sites More sharing options...
boog Posted September 7, 2012 at 02:18 PM Share Posted September 7, 2012 at 02:18 PM chew them up and spit them out ToddBoog Link to comment Share on other sites More sharing options...
Buzzard Posted September 7, 2012 at 02:25 PM Share Posted September 7, 2012 at 02:25 PM Will it be OUR money that will be paid out for a 1983 lawsuit? I can't remember. Link to comment Share on other sites More sharing options...
colt-45 Posted September 7, 2012 at 02:28 PM Share Posted September 7, 2012 at 02:28 PM Cased in the trunk?? So much for LEO's knowing the law. Unfortunately, it will take some of these cases being won before LE agencies decide that it's important to teach thier officers what the law really is. Rather than going by what they were taught by some gnarly old instructor at the academy that thinks only cops should have guns. According to the statute, wouldn't make any difference if it's unloaded. Being in the trunk would qualify as "not immediately accessible", one of the "or" qualifiers".so your saying that having a loaded gun in a case in your trunk is not illegal in Illinois? Link to comment Share on other sites More sharing options...
C0untZer0 Posted September 7, 2012 at 02:30 PM Share Posted September 7, 2012 at 02:30 PM We also don't know if they had a valid FOID. I am assuming there are some things we don't yet know about this case - like "Did the driver have a valid FOID" and "was the cased weapon unloaded". I guess that's why Todd will submit a FOIA. There's always three sides to every story, the officer's, the accused, and the fly on the wall... If you have a valid FOID and a cased firearm in your trunk, does a LEO even have probable cause to open the case to check if it's unloaded??? Link to comment Share on other sites More sharing options...
abolt243 Posted September 7, 2012 at 02:33 PM Share Posted September 7, 2012 at 02:33 PM Cased in the trunk?? So much for LEO's knowing the law. Unfortunately, it will take some of these cases being won before LE agencies decide that it's important to teach thier officers what the law really is. Rather than going by what they were taught by some gnarly old instructor at the academy that thinks only cops should have guns. According to the statute, wouldn't make any difference if it's unloaded. Being in the trunk would qualify as "not immediately accessible", one of the "or" qualifiers".so your saying that having a loaded gun in a case in your trunk is not illegal in Illinois? No, the statute says it. Read it. And I believe that the trunk has been shown in previous court cases to qualify as "not immediately accessible". Perhaps someone can furnish the case number. Link to comment Share on other sites More sharing options...
abolt243 Posted September 7, 2012 at 02:33 PM Share Posted September 7, 2012 at 02:33 PM We also don't know if they had a valid FOID. I am assuming there are some things we don't yet know about this case - like "Did the driver have a valid FOID" and "was the cased weapon unloaded". I guess that's why Todd will submit a FOIA. There's always three sides to every story, the officer's, the accused, and the fly on the wall... If you have a valid FOID and a cased firearm in your trunk, does a LEO even have probable cause to open the case to check if it's unloaded??? Barring any other reasons, does he have PC to even look in the trunk?? Link to comment Share on other sites More sharing options...
C0untZer0 Posted September 7, 2012 at 02:38 PM Share Posted September 7, 2012 at 02:38 PM I generally look down on those bozos who walk around videotaping police all the time, especially the guys OCing MP5 replicas and stupid provocative $*%# like that. But this seems to be one of those cases where it would be beneficial to ave video. Sometimes those activists with the cameras actually exhonerate the officer and incriminate themselves... Link to comment Share on other sites More sharing options...
C0untZer0 Posted September 7, 2012 at 02:43 PM Share Posted September 7, 2012 at 02:43 PM My next million dollar idea is a dash cam, just for regular cars. Intregal to the vehicle, and it captures video inside the passenger compartment toward the driver's side. I am going to pitch it to GM, Ford, Toyota, Honda... Link to comment Share on other sites More sharing options...
TyGuy Posted September 7, 2012 at 02:46 PM Share Posted September 7, 2012 at 02:46 PM I think it in your best interest to video tape run ins with the police. I am a not a LEO hater, but I want to protect myself and my family first. Remember, their video can and will be used AGAINST you in a court of law, not for you. Link to comment Share on other sites More sharing options...
RECarry Posted September 7, 2012 at 02:48 PM Share Posted September 7, 2012 at 02:48 PM My next million dollar idea is a dash cam, just for regular cars. Intregal to the vehicle, and it captures video inside the passenger compartment toward the driver's side. I am going to pitch it to GM, Ford, Toyota, Honda...Last year I attended a Cadillac CTS-V driving event. The cars were wired with multiple mini-cams. Within two weeks they sent you a link to view your own driving session. The split screen views were: forward view, view of driver and instructor with audio, rear view I think, a GPS of the car lapping the circuit, and a gauge cluster view. A pretty neat marketing idea, and probably tied in with the OnStar platform. Link to comment Share on other sites More sharing options...
TyGuy Posted September 7, 2012 at 02:52 PM Share Posted September 7, 2012 at 02:52 PM Before the flaming starts - I totally support LEOs, heck my brother is one, and I flirted with the idea of being one, but I think recording is a good thing. It gives an impartial factual account of what happened. I am not saying you should exasperate the officer, but just have a recording device to capture all that is said and done seems like a good idea. Anywho....let's see what details come out. Link to comment Share on other sites More sharing options...
THE KING Posted September 7, 2012 at 02:59 PM Share Posted September 7, 2012 at 02:59 PM Cased in the trunk?? So much for LEO's knowing the law. Unfortunately, it will take some of these cases being won before LE agencies decide that it's important to teach thier officers what the law really is. Rather than going by what they were taught by some gnarly old instructor at the academy that thinks only cops should have guns. According to the statute, wouldn't make any difference if it's unloaded. Being in the trunk would qualify as "not immediately accessible", one of the "or" qualifiers". That was my exact same thought. Actually I don't believe it would have to be in a case either. As you said, one of the "OR" qualifiers. It never ceases to amaze me that some law enforcement officers don't know what is in the statutes that they are suppose to enforce. And (BUD) I do say this will no ill intent. I have alot of friends that are LEO's and we have had long talks about the law in regards to carrying and transporting and it is nice to help educate them. Link to comment Share on other sites More sharing options...
DoYouFeelLucky Posted September 7, 2012 at 03:01 PM Share Posted September 7, 2012 at 03:01 PM Don't talk to the police and don't consent to search. Having been in the Elgin area since moving to IL I can tell you that the story has always been that invoking either of those rights will just get you arrested and your vehicle impounded. Link to comment Share on other sites More sharing options...
colt-45 Posted September 7, 2012 at 03:06 PM Share Posted September 7, 2012 at 03:06 PM Cased in the trunk?? So much for LEO's knowing the law. Unfortunately, it will take some of these cases being won before LE agencies decide that it's important to teach thier officers what the law really is. Rather than going by what they were taught by some gnarly old instructor at the academy that thinks only cops should have guns. According to the statute, wouldn't make any difference if it's unloaded. Being in the trunk would qualify as "not immediately accessible", one of the "or" qualifiers".so your saying that having a loaded gun in a case in your trunk is not illegal in Illinois? No, the statute says it. Read it. And I believe that the trunk has been shown in previous court cases to qualify as "not immediately accessible". Perhaps someone can furnish the case number.yea i'm not getting this cause the way i read the law you can not have a loaded gun in a case any where in the car. it has to be unloaded when transporting a firearm but the shells can be in the case with the firearm but not loaded that's why i think they gave him a UUW.IMO Link to comment Share on other sites More sharing options...
TyGuy Posted September 7, 2012 at 03:10 PM Share Posted September 7, 2012 at 03:10 PM They would still be wrong if the firearm was unloaded with cartridges in the case. They merely need to check the ILSP FAQ for that one. Link to comment Share on other sites More sharing options...
colt-45 Posted September 7, 2012 at 03:16 PM Share Posted September 7, 2012 at 03:16 PM no i'm saying if it was loaded in a case in the trunk thats why they gave him a UUW. Link to comment Share on other sites More sharing options...
kermit315 Posted September 7, 2012 at 03:20 PM Share Posted September 7, 2012 at 03:20 PM We also don't know if they had a valid FOID. I am assuming there are some things we don't yet know about this case - like "Did the driver have a valid FOID" and "was the cased weapon unloaded". I guess that's why Todd will submit a FOIA. There's always three sides to every story, the officer's, the accused, and the fly on the wall... If you have a valid FOID and a cased firearm in your trunk, does a LEO even have probable cause to open the case to check if it's unloaded??? Barring any other reasons, does he have PC to even look in the trunk?? Depends......for all we know at this point, the guy gave consent for a search. If it was in a case in the trunk, he probably felt that he didnt have anything to worry about. Link to comment Share on other sites More sharing options...
THE KING Posted September 7, 2012 at 03:22 PM Share Posted September 7, 2012 at 03:22 PM If you read the ILCS Article 720 5/24 (4) it states that there are three ways in which to transport your firearm. 1. are broken down in a non-functioning state; OR2. are not immediately accessible; OR3. 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 FOID card. What that tells me that if his firearm was not immediately accessible, then the condition it is in when being transported is a moot point. ie., it does not have to be in a case and it does not have to be unloaded. Link to comment Share on other sites More sharing options...
TyGuy Posted September 7, 2012 at 03:26 PM Share Posted September 7, 2012 at 03:26 PM OR (as Chicago prefers)Stored safely inside of a lock box inside of a safe inside of a panic room in your home with the ammo stored out of state. Link to comment Share on other sites More sharing options...
THE KING Posted September 7, 2012 at 03:30 PM Share Posted September 7, 2012 at 03:30 PM OR (as Chicago prefers)Stored safely inside of a lock box inside of a safe inside of a panic room in your home with the ammo stored out of state.Unless your a Chicago politician, then you can carry wherever you want, even in a hat in city council chambers. I fixed it for ya !! Link to comment Share on other sites More sharing options...
TyGuy Posted September 7, 2012 at 03:38 PM Share Posted September 7, 2012 at 03:38 PM Hat in city council chambers? I missed that one. Link to comment Share on other sites More sharing options...
kurt555gs Posted September 7, 2012 at 03:38 PM Share Posted September 7, 2012 at 03:38 PM Before the flaming starts - I totally support LEOs, heck my brother is one, and I flirted with the idea of being one, but I think recording is a good thing. It gives an impartial factual account of what happened. I am not saying you should exasperate the officer, but just have a recording device to capture all that is said and done seems like a good idea. Anywho....let's see what details come out. If they have nothing to hide, they have nothing to fear. ( by being recorded ) Link to comment Share on other sites More sharing options...
THE KING Posted September 7, 2012 at 03:41 PM Share Posted September 7, 2012 at 03:41 PM Hat in city council chambers? I missed that one. I could be wrong, but didn't Dorothy Tillman have her gun in her hat in the city council chambers while supporting Daley's gun ban ?? Maybe it was her purse, but I do remember she was waving it around like a moron. Link to comment Share on other sites More sharing options...
abolt243 Posted September 7, 2012 at 04:20 PM Share Posted September 7, 2012 at 04:20 PM no i'm saying if it was loaded in a case in the trunk thats why they gave him a UUW. It says: "meet one of the following conditions:" then goes on to separate those conditions witht the word "or". What's not to understand?? this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions: (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; or Link to comment Share on other sites More sharing options...
Mr. Fife Posted September 7, 2012 at 04:36 PM Share Posted September 7, 2012 at 04:36 PM If you read the ILCS Article 720 5/24 (4) it states that there are three ways in which to transport your firearm. 1. are broken down in a non-functioning state; OR2. are not immediately accessible; OR3. 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 FOID card. What that tells me that if his firearm was not immediately accessible, then the condition it is in when being transported is a moot point. ie., it does not have to be in a case and it does not have to be unloaded. Nor does it state in your snippet that he needs a FOID card if its not immediately accessible Link to comment Share on other sites More sharing options...
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