Gun-Free zones and penalty?

[eklipse113]

Everyone is always talking about where gun-free zones are, what places prohibit them, etc... but I have always wondered what the actual penalties are. The sheer number of places that are illegal to carry in is alarming and I feel like sooner or later I'll be in one without even knowing it, and I don't want to get surprised. I live in Chicago so there's a few places we all disagree with it being banned (the L) and I guess I'm just curious about those places too-- it's a big rule to never forget you're carrying, but I feel like it happens to people, so it's conceivable you could wind up in a GFZ.

 

Via internet search I read that schools specifically carry 2-5 year prison sentences, which I think is pretty over-the-top, but I was wondering what happens if you carry in:

-a restaurant or other business that has a posted sign

-CTA

-post office/bank/other specifically listed gun-free zone in the IL concealed carry law

-any other place you can think of

 

A second question: Where does the gun-free zone around schools and college campuses actually begin? Is it 1000 feet? Can I walk down the public sidewalk that borders a college campus as I happen to live rather close to one and frequent nearby businesses? What about the elementary school like a block away from my apartment- as long as I'm across the street I'm okay, or is it further?

[wtr100]

do yourself a favor down load a copy of the law and read / search it

 

(d) A licensee shall not carry a concealed firearm while

under the influence of alcohol, other drug or drugs,

intoxicating compound or combination of compounds, or any

combination thereof, under the standards set forth in

subsection (a) of Section 11-501 of the Illinois Vehicle Code.

A licensee in violation of this subsection (d) shall be

guilty of a Class A misdemeanor for a first or second violation

and a Class 4 felony for a third violation. The Department may

suspend a license for up to 6 months for a second violation and

shall permanently revoke a license for a third violation.

(e) Except as otherwise provided, a licensee in violation

of this Act shall be guilty of a Class B misdemeanor. A second

or subsequent violation is a Class A misdemeanor. The

Department may suspend a license for up to 6 months for a

second violation and shall permanently revoke a license for 3

 

HB0183 Enrolled LRB098 05760 MGM 35799 b

Public Act 098-0063

 

or more violations of Section 65 of this Act. Any person

convicted of a violation under this Section shall pay a $150

fee to be deposited into the Mental Health Reporting Fund, plus

any applicable court costs or fees.

[Stargeezer]

I too wonder about the school GFZs since I live in a area that has a school at each end of my one block street. Pulling out of my drive I will be driving in front of a school with no way to avoid it, I've asked the question before but nobody has offered an opinion to date.

 

I also maybe hung on another point just noticed in wtr100 posting. I must take a medication that is a narcotic and if abused would result in intoxication if abused. Due to medical necessity I cannot just not take this after 29 years of daily dosages. After going through classes, paying fees an all, are they going to tell me too bad?

[defaultdotxbe]

I too wonder about the school GFZs since I live in a area that has a school at each end of my one block street. Pulling out of my drive I will be driving in front of a school with no way to avoid it, I've asked the question before but nobody has offered an opinion to date.

A public road or sidewalk adjacent to a prohibited area (like a school) is NOT prohibited. you can walk or drive past the schools all you want. You can also be in the parking lot in your car, but must leave the firearm in your car if you get out

 

The federal gun free school zone act doesn't apply, it exempts people with license issued by the state

[mndza]

Streets and sidewalks attached to schools are ok to pass through.

[bob]

JMO.

 

If you have a FCCL you are exempt for the federal GFSZ law. Maybe even just a FOID.

 

What law provides for a felony for carrying in a school in IL with a FCCL.

[bob]

Streets and sidewalks attached to schools are ok to pass through.

 

how about a school driveway? it might not be a public ROW. It is certainly not a parking area.

[wtr100]

I too wonder about the school GFZs since I live in a area that has a school at each end of my one block street. Pulling out of my drive I will be driving in front of a school with no way to avoid it, I've asked the question before but nobody has offered an opinion to date.

 

I also maybe hung on another point just noticed in wtr100 posting. I must take a medication that is a narcotic and if abused would result in intoxication if abused. Due to medical necessity I cannot just not take this after 29 years of daily dosages. After going through classes, paying fees an all, are they going to tell me too bad?

 

 

the application says something like that you 'tested positive for ... do not have a prescription' for

 

now something to consider - if God forbid you get into a fight how will that play into the 'aftermath' I don't know the answer you might consult a lawyer

[bobapunk]

I too wonder about the school GFZs since I live in a area that has a school at each end of my one block street. Pulling out of my drive I will be driving in front of a school with no way to avoid it, I've asked the question before but nobody has offered an opinion to date.

 

I also maybe hung on another point just noticed in wtr100 posting. I must take a medication that is a narcotic and if abused would result in intoxication if abused. Due to medical necessity I cannot just not take this after 29 years of daily dosages. After going through classes, paying fees an all, are they going to tell me too bad?

 

The FCCA only prohibits, "(1) Any building, real property, and parking area under the control of a public or private elementary or secondary school." I do not see the street in front of the school falling into that category.

 

If you are in your vehicle on a public right of way, I believe you have immunity to the 1,000 foot school zone "safe zone" found in the UUW. A FOID and CCL should be sufficient "licenses from the State" to exempt you from the Federal GFSZ Act.

 

As far as "Carrying under the Influence": the FCCA refers to Section 11-501 of the Illinois Vehicle Code. Basically, per the law, if you are too impaired to legally operate a motor vehicle, you are too impaired to carry a loaded firearm.

 

ETA:

 

Here is the text of the Federal GFSZ Act:

The Gun Free School Zones Act of 1990 (18 U.S.C.§ 922(q)) states:

(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

( Subparagraph (A) does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

(3) (A) Except as provided in subparagraph (, it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. ( Subparagraph (A) does not apply to the discharge of a firearm—

(i) on private property not part of school grounds;

(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

(iv) by a law enforcement officer acting in his or her official capacity.

(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

[AuroraInstructor]

I too wonder about the school GFZs since I live in a area that has a school at each end of my one block street. Pulling out of my drive I will be driving in front of a school with no way to avoid it, I've asked the question before but nobody has offered an opinion to date.

 

I also maybe hung on another point just noticed in wtr100 posting. I must take a medication that is a narcotic and if abused would result in intoxication if abused. Due to medical necessity I cannot just not take this after 29 years of daily dosages. After going through classes, paying fees an all, are they going to tell me too bad?

Three points for you. 1) Under the worst case scenario (some federal prosecutor out to get you), you can legally transport your gun, unloaded and LOCKED in a case (not a glovebox or console, though) while you drive away from those schools. However, this does not even come into play if, 2) you have a License to Carry, and 3) like most experts, the FOI card is indeed a license to possess in Illinois, making the 1000' rule moot.

 

I think you are fine.

[bobapunk]

I too wonder about the school GFZs since I live in a area that has a school at each end of my one block street. Pulling out of my drive I will be driving in front of a school with no way to avoid it, I've asked the question before but nobody has offered an opinion to date.

 

I also maybe hung on another point just noticed in wtr100 posting. I must take a medication that is a narcotic and if abused would result in intoxication if abused. Due to medical necessity I cannot just not take this after 29 years of daily dosages. After going through classes, paying fees an all, are they going to tell me too bad?

 

 

the application says something like that you 'tested positive for ... do not have a prescription' for

 

now something to consider - if God forbid you get into a fight how will that play into the 'aftermath' I don't know the answer you might consult a lawyer

 

wtr, that is in the requirements to obtain a CCL. I think the question was in reference to 430 ILCS 66/70(d):

 

Section 70: Violations

 

(d) A licensee shall not carry a concealed firearm while

 

under the influence of alcohol, other drug or drugs,

 

intoxicating compound or combination of compounds, or any

 

combination thereof, under the standards set forth in

 

subsection (a) of Section 11-501 of the Illinois Vehicle Code.

[Stargeezer]

Thanks Nick. Being a non drinker, I zone out on the stuff about intoxication, but reading that clicked on a light. And, No, I'm never high or buzzed from it. It's just enough to make the compressed nerves in my back tolerable.

[AuroraInstructor]

Streets and sidewalks attached to schools are ok to pass through.

 

how about a school driveway? it might not be a public ROW. It is certainly not a parking area.

I believe that the Public Right of Way extends from the Street to the sidewalk. The area between, usually covered in grass, which we always called the "parkway," is included in the Right of Way. Past the sidewalk you are in jeopardy.

[Truck1]

What about a business, say a restaurant that did not conspicuously post? Or on a west door, and not the east entrance you came in at a mall for example, or through Sears that is not posted.

[wtr100]

truck as a practical matter if it's well concealed who is to know?

 

if you find yourself in a 'kill zone' er 'criminal safety zone' er 'legal gun free zone' I teach to stay calm and immediately leave the area. don't stop and pay for the stuff you've selected immediately drop what you're doing an move to 'safe harbor' or to a public right of way

 

If I'm in a restaurant if food is on the table I;m going to drop enough money on the table to cover the bill and leave if the food hasn't arrived yet I plan to just leave. This is NOT the time to do the no guns no money thing.

 

something to think about in advance - what to do if you're burned and somebody tried to 'hold you' NOT LAW ENFORCEMENT but some store employee or do gooder - granted this is very unlikely but something to think about

[lockman]

I too wonder about the school GFZs since I live in a area that has a school at each end of my one block street. Pulling out of my drive I will be driving in front of a school with no way to avoid it, I've asked the question before but nobody has offered an opinion to date.

 

I also maybe hung on another point just noticed in wtr100 posting. I must take a medication that is a narcotic and if abused would result in intoxication if abused. Due to medical necessity I cannot just not take this after 29 years of daily dosages. After going through classes, paying fees an all, are they going to tell me too bad?

 

Are you addicted?

 

If narcotics are taken legally in a dose prescribed I would certainly not classify this as addicted.

[bobapunk]

I too wonder about the school GFZs since I live in a area that has a school at each end of my one block street. Pulling out of my drive I will be driving in front of a school with no way to avoid it, I've asked the question before but nobody has offered an opinion to date.

 

I also maybe hung on another point just noticed in wtr100 posting. I must take a medication that is a narcotic and if abused would result in intoxication if abused. Due to medical necessity I cannot just not take this after 29 years of daily dosages. After going through classes, paying fees an all, are they going to tell me too bad?

 

Are you addicted?

 

If narcotics are taken legally in a dose prescribed I would certainly not classify this as addicted.

 

Your definition of addicted plays no role in what is considered to be "under the influence" per the Illinois vehicle code...

 

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[bob]

There are a couple of different issues here that are related but distinct. If you are taking narcotics illegally, you are not eligible for either a FOID card or a FCCL. It does not matter if you are an addict or not.

 

If you are under the influence while carrying under FCCL it is a class A misdemeanor. The standards for what constitutes being under the influence are the same as found in the vehicle code. Again, being an addict plays no role.

 

I would point out that the law actually says something about a licensee carrying a concealed firearm while under the influence. It does not exclude an unloaded and/or encased concealed firearm from this prohibition.

[BIGDEESUL]

I keep seeing posts related to prescription drugs and carrying. I'm talking about legally prescribed, proper dosage, not illegally or abused. They keep saying that someone who takes prescribed narcotics, we'll use hydrocodone for example (narcotic pain reliever in vicodin, norco, etc.), should not carry while taking the medication, and will be vilified in court.

 

Say someone takes this medication. Daily for arthritis or some other ailment. They're involved in a justified shooting, there's no question it's a good shoot. If at the time of the shooting, responding officers, along with detectives that do the interrogation do not feel that the person is under the influence, do they even do a drug/alcohol test? If they do a blood test, and medication shows up, with no evidence of imparement, is it an issue, and does anyone have a link to the law stating that it is an issue? If that person is detained for 48 hours, will they be administered their medication or allowed access to it?

 

I wish I would have thought about this during the session with Joel Brodsky at Fidelity Academy. I'm sure he knows the exact answers to these questions.

 

Law protects workers from positive drug test results for prescriptions, but is there any protections for a defensive situation?

 

 

 

 

 

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[bcook619]

truck as a practical matter if it's well concealed who is to know?

 

if you find yourself in a 'kill zone' er 'criminal safety zone' er 'legal gun free zone' I teach to stay calm and immediately leave the area. don't stop and pay for the stuff you've selected immediately drop what you're doing an move to 'safe harbor' or to a public right of way

 

If I'm in a restaurant if food is on the table I;m going to drop enough money on the table to cover the bill and leave if the food hasn't arrived yet I plan to just leave. This is NOT the time to do the no guns no money thing.

 

something to think about in advance - what to do if you're burned and somebody tried to 'hold you' NOT LAW ENFORCEMENT but some store employee or do gooder - granted this is very unlikely but something to think about

For me if they arent a member of law enforcement im walking out, one way or another. Once in car disarm and store weapon and just wait for the calvery. But I do doubt anyone whould try to stop you and doubt it even more if they thought you had a weapon.

[BIGDEESUL]

The Illinois vehicle code states that a person shall not drive under the influence of any intoxicating compound or drugs to a degree that renders the person incapable of driving safely.

 

It also states there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound.

 

Notice that it's stated "to a degree that renders the person incapable of driving safely" and "unlawful use" of a controlled substance.

 

Can anybody please point me to any portion of the law that states someone cannot carry just because they have taken their prescribed dosage of a medication that does not make them intoxicated or under the influence due to their tolerance and the fact that it is a prescribed legal dosage?

 

 

Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.

(a) A person shall not drive or be in actual physical control of any vehicle within this State while:

(1) the alcohol concentration in the person's blood

 

or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;

(2) under the influence of alcohol;

(3) under the influence of any intoxicating compound

 

or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;

(4) under the influence of any other drug or

 

combination of drugs to a degree that renders the person incapable of safely driving;

(5) under the combined influence of alcohol, other

 

drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or

(6) there is any amount of a drug, substance, or

 

compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. Subject to all other requirements and provisions under this Section, this paragraph (6) does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Pilot Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.

 

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[bobapunk]

The Illinois vehicle code states that a person shall not drive under the influence of any intoxicating compound or drugs to a degree that renders the person incapable of driving safely.

 

It also states there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound.

 

Notice that it's stated "to a degree that renders the person incapable of driving safely" and "unlawful use" of a controlled substance.

 

Can anybody please point me to any portion of the law that states someone cannot carry just because they have taken their prescribed dosage of a medication that does not make them intoxicated or under the influence due to their tolerance and the fact that it is a prescribed legal dosage?

 

 

Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.

(a) A person shall not drive or be in actual physical control of any vehicle within this State while:

(1) the alcohol concentration in the person's blood

 

or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;

(2) under the influence of alcohol;

(3) under the influence of any intoxicating compound

 

or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;

(4) under the influence of any other drug or

 

combination of drugs to a degree that renders the person incapable of safely driving;

(5) under the combined influence of alcohol, other

 

drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or

(6) there is any amount of a drug, substance, or

 

compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act. Subject to all other requirements and provisions under this Section, this paragraph (6) does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Pilot Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.

 

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Paragraph 4 does not discern between Rx and non Rx drugs. Rx drugs, taken as prescribed, can render a person "incapable of safely driving"; and, therefore illegal to carry under the FCCA.