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Clairification on Illinois Conceal Carry laws "A licensee shall possess a license"


j28791

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There is no question here. To "possess" means to have it on you. The same word is used for felons who "Possess" a firearm.

 

With respect to being in your driveway, I would respectfully disagree that unless you own your home, it is not "yours" for the purposes of having a gun on you without the need for a license. It is still your "abode". Furthermore, my argument is that I can carry a concealed firearm on the land of another at their invitation. If renting the property from a landlord does not qualify as being at their "at their invitation" I don't know what is.

 

So I am convinced that a renter can possess a concealed firearm on their rented abode without a license just as a homeowner can. Unless of course you are saying that I have to have my FOID card physically on my person, and not in my wallet on my nightstand, if I am in my basement with my gun....

 

720 ILCS 5/24-1 (a) 10 ...or except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver,

Considering they consider a Motel room, your abode, for firearm carry, a rental property would be.

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As posted by others and for the sake of being in accordance with the law I carry my CCW card if I am carrying a weapon. Now if they could or did make it so that the CCW permit would serve as your FOID, life would be a bit easier as in buying ammo at your LGS.

This is ILLinois though...

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As posted by others and for the sake of being in accordance with the law I carry my CCW card if I am carrying a weapon. Now if they could or did make it so that the CCW permit would serve as your FOID, life would be a bit easier as in buying ammo at your LGS.

This is ILLinois though...

 

 

they did that ( use CCW as FOID) maybe 2 - 3 years ago

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As posted by others and for the sake of being in accordance with the law I carry my CCW card if I am carrying a weapon. Now if they could or did make it so that the CCW permit would serve as your FOID, life would be a bit easier as in buying ammo at your LGS.

This is ILLinois though...

 

 

they did that ( use CCW as FOID) maybe 2 - 3 years ago

 

Thank you for the clarification. Amazing that this state would actually do something like that. I guess there was no money to be made so they did us the favor!

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Yes.

Why would you leave your wallet unattended in your car? I've always treated my wallet like I treat my carry gun.

Yeah, my wallet is only left in car accidentally if it happens.

 

There is a bill in progress allowing for approval and development of a digital equivalent image/app that you can retain on your cell phone. Not that I think this will happen anytime soon if at all.

 

And fwiw they can see you have a CCL when they run a check on you

 

So if your cell phone is left in the car we have the same discussion in the future??

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Yes.

Why would you leave your wallet unattended in your car? I've always treated my wallet like I treat my carry gun.

 

Yeah, my wallet is only left in car accidentally if it happens.

There is a bill in progress allowing for approval and development of a digital equivalent image/app that you can retain on your cell phone. Not that I think this will happen anytime soon if at all.

And fwiw they can see you have a CCL when they run a check on you

So if your cell phone is left in the car we have the same discussion in the future??

Sure, why not! ;-) If it happens. But there was no money allocated in the bill and wording says "may" instead of "shall" iirc. Not sure how I would feel about an app by ISP or their outsourced software contractors on my phone.
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I wonder if the courts might rule possessing a ccl when carrying the same as possessing a driver license when driving. If you forgot it you can present it in court to have the charges dropped.

Surely not. Remember you are comparing a right to a privilege. $$$ Driving is a right and guns are a privilege, or is it the other way around...$$$ Anyway, I doubt you will get any flexibility with gun possession from anyone in Illinois.

 

The likely hood of getting flexibility on gun possession may very likely depend on where you live in Illinois. It was the Madison County States Attorney( Southern Illinois) , I believe, that said he wouldn't prosecute a law abiding citizen for carrying a handgun, after the court decision in favor of Mary Shepard

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Not sure how I would feel about an app by ISP or their outsourced software contractors on my phone.

There is no way I would install any government app on my phone. Only the coder, government and God would know what all data the app might be monitoring and collecting or if the app provides a backdoor around the access to the device or to defeat data encryption, (Tinfoil hat off.).

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I wonder if the courts might rule possessing a ccl when carrying the same as possessing a driver license when driving. If you forgot it you can present it in court to have the charges dropped.

 

That would be nice wouldn't it? I think it should read must possess on or about his/her person. That means you can drive and maybe have you CCL in the glovebox or center console. I think as long as you can present it within a reasonable time you should be good. For example, if you go into McDonalds to get breakfast and your CCL is in your car in the parking lot. I don't think this is how it is right now. I believe what they mean is that they want you to have it on your person.

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There is no question here. To "possess" means to have it on you. The same word is used for felons who "Possess" a firearm.

 

With respect to being in your driveway, I would respectfully disagree that unless you own your home, it is not "yours" for the purposes of having a gun on you without the need for a license. It is still your "abode". Furthermore, my argument is that I can carry a concealed firearm on the land of another at their invitation. If renting the property from a landlord does not qualify as being at their "at their invitation" I don't know what is.

 

So I am convinced that a renter can possess a concealed firearm on their rented abode without a license just as a homeowner can. Unless of course you are saying that I have to have my FOID card physically on my person, and not in my wallet on my nightstand, if I am in my basement with my gun....

 

720 ILCS 5/24-1 (a) 10 ...or except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver,

 

I believe that's what they want as well (for you to have it on your person and "possess" it) but I think the language could be more clear.

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Interesting observation...

I live in townhouse....

When I'm washing the car in 'my' driveway...sometimes stepping off onto some 'common ground'...do I have to have license on me?

As a rule, I've had my wallet/license on me when carrying...

Were I ever to be questioned outside my home..and didnt have my wallet on me..I'd just 'point' and say...its 'there'...

If I were to end up in such a situation and didnt have my license on me outside a townhouse...would I be taking a ride?

Hmmmmmm...

 

This is the exact situation I"m concerned about. Or another example is, you park outside a store, leave your wallet in the car and go grab a gallon of milk. Do you need you bring your CCL with you just to walk in the store even though it's reasonably accessible?

 

 

Yes.

Why would you leave your wallet unattended in your car? I've always treated my wallet like I treat my carry gun.

 

 

I leave my wallet locked in the glovebox sometimes when I don't feel like carrying it. Now that Apple Pay/Google Pay are widely accepted I often pay with my phone. This way I don't drop my wallet or get it stolen. Or while getting something out of my wallet accidentally drop something else (like a credit card)

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