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Illinois rest areas not posted


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My impression has always been that they are prohibited by statute.

 

They fall under the building controlled by the executive branch

(3) Any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government,

 

 

Anyone else read the statute that way too?

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My impression has always been that they are prohibited by statute.

They fall under the building controlled by the executive branch

(3) Any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government,

Anyone else read the statute that way too?

Nope. I've always read that to mean buildings and offices belonging to state government officials, legislators, etc.

 

But people here being who they are started trying to connect the dots... almost trying to find places that could be prohibited if you looked really hard. Rest areas being one of them, as the DOT is part of the executive branch.

 

Then after a while, signs started popping up at rest areas.

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My impression has always been that they are prohibited by statute.

They fall under the building controlled by the executive branch

(3) Any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government,

Anyone else read the statute that way too?

Nope. I've always read that to mean buildings and offices belonging to state government officials, legislators, etc.

 

But people here being who they are started trying to connect the dots... almost trying to find places that could be prohibited if you looked really hard. Rest areas being one of them, as the DOT is part of the executive branch.

 

Then after a while, signs started popping up at rest areas.

 

Yeah, I guess we'll never know whether this group has gotten more posted places unposted, or unposted places posted.

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There are at one rest stop on 74, 80 and 39 that aren't posted.

Did the law change and I missed it?

 

no change - pays your money and takes your chances if you carry there

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Without being posted, I would carry on. I am not going to do the research to compel the governments obligation. Signs or not, hospitals say they are hospitals, library’s - libraries and Schools - schools. I have not seen a single rest stop with a sign stating “this is a building under the control of the executive”.

 

 

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My impression has always been that they are prohibited by statute.

They fall under the building controlled by the executive branch

(3) Any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government,

Anyone else read the statute that way too?

Nope. I've always read that to mean buildings and offices belonging to state government officials, legislators, etc.

 

But people here being who they are started trying to connect the dots... almost trying to find places that could be prohibited if you looked really hard. Rest areas being one of them, as the DOT is part of the executive branch.

 

Then after a while, signs started popping up at rest areas.

 

 

The statute says "under control of", not "belonging". Belonging means ownership. By virtue of their elected or appointed positions certain officials have control over certain state owned or leased buildings, offices, or land. That would include rest areas, since they are under control of the Illinois Department of Transportation.

It also says these areas must be posted by the legally prescribed signs.

 

"(d ) Signs stating that the carrying of firearms is prohibited shall be clearly and conspicuously posted at the entrance of a building, premises, or real property specified in this Section as a prohibited area, unless the building or premises is a private residence. Signs shall be of a uniform design as established by the Department and shall be 4 inches by 6 inches in size. The Department shall adopt rules for standardized signs to be used under this subsection".

 

The statute also requires that a signs of specific design must be posted by the owner of private property.

​"(a-10) The owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The owner must post a sign in accordance with subsection (d) of this Section indicating that firearms are prohibited on the property, unless the property is a private residence".

​In other threads some have interpreted this to mean that if an area is not posted, then you cannot be arrested for carrying in that area, even if it is statutorily prohibited.

The other argument is that one is required to known the law and would be expected to avoid carrying in those areas designated as prohibited by statute.

​I doubt that earlier discussions here had anything to do with the appearance of the signs at rest areas. I think it was more likely the slowness of the bureaucracy.

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If you print so bad that you get arrested at a rest stop, well maybe you need a spankin'.

 

Here are some interesting observations from an ex-LEO.

 

https://www.ammoland.com/2014/11/highway-rest-areas-your-firearms-personal-safety/#axzz5Goa79hns

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Y'all have it better. In Texas, statutorily off-limits places are not required to post, but if you are licensed you are expected to know them all, or you can get busted if you go into one.

In Illinois:

  • First offense is a misdemeanor with a mandatory fine
  • Second offense is a misdemeanor with a mandatory fine and a discretionary 6 month CCL suspension
  • Third offense is a felony (prison, lose your guns forever in every state, etc.)
Is that "better" than Texas?
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Y'all have it better. In Texas, statutorily off-limits places are not required to post, but if you are licensed you are expected to know them all, or you can get busted if you go into one.

In Illinois:

  • First offense is a misdemeanor with a mandatory fine
  • Second offense is a misdemeanor with a mandatory fine and a discretionary 6 month CCL suspension
  • Third offense is a felony (prison, lose your guns forever in every state, etc.)
Is that "better" than Texas?

 

I think any second or subsequent offense is just a Class A misdemeanor. From HB183 Section 70 Violations:

 

(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 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.

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I don't know if we'll EVER see this in ILL-annoy. At least some places can get it right:

 

https://www.buckeyefirearms.org/odot-confirms-all-no-guns-signs-rest-stops-and-visitor-centers-have-been-removed

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In Illinois:

  • First offense is a misdemeanor with a mandatory fine
  • Second offense is a misdemeanor with a mandatory fine and a discretionary 6 month CCL suspension
  • Third offense is a felony (prison, lose your guns forever in every state, etc.)
Is that "better" than Texas?

 

I think any second or subsequent offense is just a Class A misdemeanor. From HB183 Section 70 Violations:

 

(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 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.

 

Oops. GFZ and alcohol violations collided in my memory.

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Y'all have it better. In Texas, statutorily off-limits places are not required to post, but if you are licensed you are expected to know them all, or you can get busted if you go into one.

In Illinois:

  • First offense is a misdemeanor with a mandatory fine
  • Second offense is a misdemeanor with a mandatory fine and a discretionary 6 month CCL suspension
  • Third offense is a felony (prison, lose your guns forever in every state, etc.)
Is that "better" than Texas?

 

Yes, it's worse, because a first offense violation is a Class A misdemeanor and you lose your license to carry for seven years.

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We need a refinement to the law to clarify that even statutory items must be posted to be prohibited. No posting, not restricted.
It's already there.

 

The sign posting requirement applies to ALL of section 65, not just the non-statutory locations.

 

There's also language that one cannot knowingly enter a prohibited location while carrying, hence the posting requirement.

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My impression has always been that they are prohibited by statute.

 

They fall under the building controlled by the executive branch

(3) Any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government,

 

 

Anyone else read the statute that way too?

 

My CCL instructor (a former LEO) specifically stressed that rest areas are under executive branch control, and therefore prohibited areas.

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  • 6 months later...

Just did a search of all 50 states and ILLannoy is the only one I can find that bans carry at a highway rest stop. Yeah, why should you have the right to defend yourself at 2 a.m. in a dark secluded place where nearest LEO might be dozens of miles away.........makes sense to me!

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Just did a search of all 50 states and ILLannoy is the only one I can find that bans carry at a highway rest stop. Yeah, why should you have the right to defend yourself at 2 a.m. in a dark secluded place where nearest LEO might be dozens of miles away.........makes sense to me!

 

Also New York State bans firearms at rest areas. Also, Maryland and Virginia are "maybe" banned; kind-of a grey area. The rest of the states do not.

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Just did a search of all 50 states and ILLannoy is the only one I can find that bans carry at a highway rest stop. Yeah, why should you have the right to defend yourself at 2 a.m. in a dark secluded place where nearest LEO might be dozens of miles away.........makes sense to me!

 

Also New York State bans firearms at rest areas. Also, Maryland and Virginia are "maybe" banned; kind-of a grey area. The rest of the states do not.

 

I was going by the "Posted" app data, and miss-read NY. Thx for the correction. Gee, IL is in good company on this one.....................

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