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What is the definition of a "park"? and is CC legal on cook county forest preserve trails?


CHICAGO HANDGUN OWNER

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It looks like we are banned from public playgrounds and any property under the control of a public or private school. Are these areas considered "parks"? Does the new supreme court ruling affect these areas? Also I can't get a definitive on trails that run through the a Cook County forest preserve? I've been riding my bike through these trails while carrying so I hope it is legal. Anyone know for sure? I've only read that trails through parks are legal but no mention of the trails in the forest.

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Cook County forest preserves are specifically enumerated as prohibited places. Any other forest preserve is OK to carry unless posted. I've seen forest preserves in DuPage County where the buildings are posted but the preserve itself is not.

 

I interpret the prohibition to include any school property. I can walk on the public sidewalk next to the school (so close I can drag my hand along the school building wall as I walk) but I can't step off the sidewalk onto school property including the playground.

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It was one of the reasons I moved out of the city. We had really nice parks, but they were all posted. All along the city lakefront it's one big park and all posted. It's also where you'll find Rahm jogging so he's going to fight it.

 

Out in the burbs the parks aren't part of schools and aren't posted.

 

This isn't correct in a couple way:

 

The legislature explained its intent during floor debate as not to prohibit carry along the lake front, the House sponsor saying:

 

This intent is not to prohibit carrying on walking trails or bike paths that may pass through or are located adjacent to public parks. This does not mean that all property controlled by a park district is considered a prohibited area. For example, the beaches and docks along Lake Michigan may be controlled by the Chicago Park District, but they are not parks, and therefore they are nor prohibited areas."

 

Public parks under control of a municipality are prohibited locations even when not in Chicago. But, if not posted, perhaps your argument is that you didn't knowingly carry because you can't always know who controls the location.

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It looks like we are banned from public playgrounds and any property under the control of a public or private school. Are these areas considered "parks"? Does the new supreme court ruling affect these areas? Also I can't get a definitive on trails that run through the a Cook County forest preserve? I've been riding my bike through these trails while carrying so I hope it is legal. Anyone know for sure? I've only read that trails through parks are legal but no mention of the trails in the forest.

 

 

I strongly suggest you search for old topics discussing parks and trails through parks. It's been the subject of much debate over the years, especially in the days following passage of the FCCA. The recent ruling won't affect this.

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Exactly, I never knew there was a 1000ft rule, but it was just to multiply charges for illegally carrying. Nothing has changed for legal carriers. Parks are still posted.

I thought I knew all the prohibitive places but I didn’t know about the 1000 ft. I would be ln violation walking to my mailbox.

 

If you have an FCCL, then no you would not be in violation as you are covered under the FCCA which fully pre-empts licensees. Now on the other hand if you carry with a FOID card only, then yes you would be in violation. We need to eliminate the 1000 foot rule out of the law and someone with standing needs to challenge it.

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It looks like we are banned from public playgrounds and any property under the control of a public or private school. Are these areas considered "parks"? Does the new supreme court ruling affect these areas? Also I can't get a definitive on trails that run through the a Cook County forest preserve? I've been riding my bike through these trails while carrying so I hope it is legal. Anyone know for sure? I've only read that trails through parks are legal but no mention of the trails in the forest.

If you read 430 ILCS 66/65 © if you are on a public right of way you are not in violation of the FCCA. Now if you leave the bike / walk path, then you would be in violation. Here is a quote from the statute. The Cook County forest preserve is listed under sub-section (a).

 

© A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises under subsection (a), (a-5), or (a-10) of this Section if the concealed firearm is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law.

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You have to decide if you want to obey the laws of Illinois or the laws of nature. The laws of nature say it is OK to carry anywhere, absolutely anywhere. Illinois law is a bit more restrictive. Make your choices and live with the consequences. I doubt that if you are unarmed in a Chicago park and become a victim of a criminal the State will not apologize to you, or your next of kin, for forcing you under the law to be an unarmed defenseless victim.

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It looks like we are banned from public playgrounds and any property under the control of a public or private school. Are these areas considered "parks"? Does the new supreme court ruling affect these areas? Also I can't get a definitive on trails that run through the a Cook County forest preserve? I've been riding my bike through these trails while carrying so I hope it is legal. Anyone know for sure? I've only read that trails through parks are legal but no mention of the trails in the forest.

If you read 430 ILCS 66/65 © if you are on a public right of way you are not in violation of the FCCA. Now if you leave the bike / walk path, then you would be in violation. Here is a quote from the statute. The Cook County forest preserve is listed under sub-section (a).

 

© A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises under subsection (a), (a-5), or (a-10) of this Section if the concealed firearm is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law.

 

Ok thanks question answered Its legal to carry through the trails that attach to a public way

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Exactly, I never knew there was a 1000ft rule, but it was just to multiply charges for illegally carrying. Nothing has changed for legal carriers. Parks are still posted.

 

I thought I knew all the prohibitive places but I didn’t know about the 1000 ft. I would be ln violation walking to my mailbox.

If you have an FCCL, then no you would not be in violation as you are covered under the FCCA which fully pre-empts licensees. Now on the other hand if you carry with a FOID card only, then yes you would be in violation. We need to eliminate the 1000 foot rule out of the law and someone with standing needs to challenge it.
Thanks.
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Trails = okay

Parks = not okay

 

How I determine if it's a park...I look for a sign at the entrance that says Joe Blow Park. Posting of parks seems to be pretty spotty. Some in Arlington Heights are posted. Usually there's a post with a bunch of signs about park rules and whatnot...such as no pushing, no crying, etc. I see the no CCL sign there. Sometimes there's a fence. Occasionally the no CCL sign will be there. In my local community (right next to Arlington Heights), none of the parks are posted. But, as someone with a license, I'm supposed to know they're off-limits.

Make your own choices. In the unlikely event that you're discovered and the cops show up, if you think you can convincingly make the argument that it's not a park or that you didn't "knowingly" go into a park armed, that's on you. However, I probably wouldn't try to argue that case to the police. I don't know. That's up to you. Maybe just take the arrest and let your lawyer deal with it. Oh, and prepare to spend beaucoup bucks on lawyer fees and whatnot. Thank you for doing your part to make case law.

You may want to have photos in your phone showing no postings and no sign saying the property is a "park"...just in case. Also...put a strong password on your phone so the cops don't erase your photos. iPhone can do long numerical passwords and alphanumeric passwords. A 12-digit numerical password has almost 62 trillion possible combinations. Even the NSA couldn't erase your photos. LOL

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