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FOID CCL concealed to carry

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#1 2ndamendmentrights

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Posted 05 January 2020 - 05:12 PM

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!

#2 biggun 1

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Posted 05 January 2020 - 05:16 PM

i am not a lawyer but i believe you should contact one tomorrow morning.



#3 Molly B.

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Posted 05 January 2020 - 05:28 PM

Send me an private message and let me know what county you are in.
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#4 Molly B.

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Posted 05 January 2020 - 05:30 PM

You will be getting a Foid revocation letter in the mail because your foid will be revoked until your case is settled.
"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#5 bmyers

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Posted 05 January 2020 - 05:49 PM

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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#6 soundguy

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Posted 05 January 2020 - 06:21 PM

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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#7 Quiet Observer

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Posted 05 January 2020 - 06:24 PM

 

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-dictio...l proven guilty 

 

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



#8 Bo69

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Posted 05 January 2020 - 08:34 PM

See that's what happens when you dont pay your 2nd amendment taxes. Soon you'll be taxed on free speech.

#9 Terry 9595

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Posted 06 January 2020 - 12:01 AM

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.

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#10 InterestedBystander

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Posted 06 January 2020 - 12:21 AM

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.

Edited by InterestedBystander, 06 January 2020 - 12:23 AM.

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#11 Dog1

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Posted 06 January 2020 - 06:10 AM

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



#12 soundguy

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Posted 06 January 2020 - 06:40 AM

ooops...


Edited by soundguy, 06 January 2020 - 06:53 AM.

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#13 Dog1

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Posted 06 January 2020 - 06:46 AM

 

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. 
 



#14 InterestedBystander

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Posted 06 January 2020 - 06:54 AM

http://ilga.gov/legi...72000050K24-1.6
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#15 Trevis

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Posted 06 January 2020 - 06:54 AM

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.

Edited by Trevis, 06 January 2020 - 06:56 AM.

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#16 soundguy

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Posted 06 January 2020 - 07:01 AM

 

 

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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#17 POAT54

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Posted 06 January 2020 - 07:58 AM

https://www.dnr.illi...earmLegally.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/legi...72000050K24-1.6

 

(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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#18 RandyP

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Posted 06 January 2020 - 08:14 AM

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


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#19 chicagoresident

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Posted 06 January 2020 - 08:31 AM

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.

Edited by chicagoresident, 06 January 2020 - 08:33 AM.


#20 Bubbacs

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Posted 06 January 2020 - 09:52 AM

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

Edited by Bubbacs, 06 January 2020 - 09:54 AM.


#21 Mr. Fife

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Posted 06 January 2020 - 12:40 PM

In your OP you say the driver was ticketed for MJ, not you. So since you weren't charged with MJ violation and your gun was in a box, not uncased, you broke no law as far as I can tell. I'm not a lawyer though.
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#22 Bubbacs

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Posted 06 January 2020 - 12:43 PM

OP was driving
Passenger had the giggle smoke
Gun was loaded
He has a FOID only

#23 Mr. Fife

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Posted 06 January 2020 - 12:46 PM

When you were charged they had to charge you with breaking a specific law. Was there a specific violation ordinance number, or more than one that you were charged with? Which laws were you specifically charged with ( the actual statute number or numbers)
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#24 Mr. Fife

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Posted 06 January 2020 - 12:48 PM

OP was driving
Passenger had the giggle smoke
Gun was loaded
He has a FOID only

His gun was in a case. Nothing matters until we know what statute number he was charged with.
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#25 Mr. Fife

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Posted 06 January 2020 - 12:53 PM

I might be wrong, those "ors" and "ands" are best left up to lawyers to wiggle around with.
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#26 tkroenlein

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Posted 06 January 2020 - 02:14 PM

Based on precedent, your odds are not good. Sorry, not trying to be negative. "Immediately accessible" has been argued in court, and you really don't have a defense on those grounds.

1) Hire a brilliant criminal defense lawyer.
2) Listen to and accept help from Molly.

#27 ragsbo

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Posted 06 January 2020 - 02:21 PM

I think the fact firearm was loaded is the problem. BUT like said before, he should get a good lawyer and let them handle it all. He does NOT need to listen to all the keyboard commandos



#28 Xwing

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Posted 06 January 2020 - 03:20 PM

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...


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#29 chicagoresident

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Posted 06 January 2020 - 06:31 PM

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.

Edited by chicagoresident, 06 January 2020 - 06:33 PM.


#30 carry

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Posted 06 January 2020 - 07:12 PM

Just another reason we need constitutional carry, something like the second amendment to prevent abusive charges. Best wishes and good luck OP! Hoping for the best.

Edited by carry, 06 January 2020 - 07:14 PM.






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