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FOID CCL concealed to carry

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#31 JTHunter

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Posted 08 January 2020 - 10:48 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)

2ndamendmentrights - in addition to getting a lawyer ASAP, be sure to ask them about "exemptions" to your specific charge.


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#32 Colt guy

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Posted 09 January 2020 - 12:21 AM

Good reason to always use a turn signal, make sure your license plate light and all bulbs are working. These are such common ways to pull people over just looking for anything else they can find. I think thats BS too. 


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#33 cybermgk

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Posted 09 January 2020 - 09:53 AM

 

 

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.

 

Fine, but in cases like this, part of the PENALTY, aka sentence is applied until proven innocent.  THAT is what bmeyers was referring to


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#34 cybermgk

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Posted 09 January 2020 - 10:01 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. 
 

 

Depends on the definition of IMMEDIATELY accessible

 

"

     (A-5) the pistol, revolver, or handgun possessed
        
was uncased, loaded, and immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
            (B-5) the pistol, revolver, or handgun possessed
        
was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act

 

 

Oddly enough, had the OP had the handgun unloaded, with both gun and loaded mag in a

 

       (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.

They would have been fine.


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#35 cybermgk

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Posted 09 January 2020 - 10:03 AM

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

Yes, had it been in the glove, unloaded, even with the mag right next to it, that would satisfy

 

"

       (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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#36 101abn

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Posted 09 January 2020 - 10:49 AM

Lets say it was unchambered does that stand as unloaded. If you have a foid you have been vetted. Shouldn’t have to unload to transport. Need to get the legislators to strike the unloaded transport



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#37 tkroenlein

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Posted 09 January 2020 - 10:15 PM

Lets say it was unchambered does that stand as unloaded.

If you have a foid you have been vetted.
Shouldn’t have to unload to transport.

Need to get the legislators to strike the unloaded transport


Mag in the gun but unchambered is "loaded" in Illinois.

#38 RandyP

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Posted 09 January 2020 - 10:33 PM

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

I would respectfully note that 4 days and some 38 posts later and the OP seems to have lost interest in this thread? I find that passing strange. Must be they got busy after making their one post?


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#39 TomKoz

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Posted 09 January 2020 - 10:57 PM

^^^ or he took some advise and is keeping quiet until case is resolved.
Stay Alert ... Stay Alive !!

#40 RandyP

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Posted 10 January 2020 - 12:21 AM

^^^ or he took some advise and is keeping quiet until case is resolved.

Could very well be of course. If so, one would wish he'd return at least to say so?


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#41 Molly B.

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Posted 10 January 2020 - 08:25 AM

RP, lol, continue to work on your mellowness. His conversation has been moved to private communication.
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#42 speedbump

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Posted 10 January 2020 - 08:27 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


Agreed.
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#43 RandyP

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Posted 10 January 2020 - 09:04 AM

Thanks for the sage counsel Molly. Point well and fully taken.


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#44 JTHunter

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Posted 10 January 2020 - 08:20 PM

Having been in a similar situation about 30 years ago, I trusted my attorney.  DON'T !!  Ask questions of the attorney, LOTS of questions, from what conditions for a specific charge have to be met for the charge to be valid, to the exceptions that invalidate that charge.

I lost a Marlin Golden 39A .22 levergun when a cop told me to come out to his cruiser parked in the street and to bring the gun with me ( I was on private property).  Then he arrested me for "unlawful use" for carrying it on the street.  The "female dog" attorney I had failed to tell me of the exceptions and I lost the gun and a chunk of change.

From what I hear, she is now a judge so I hope she is a better judge than she was a lawyer.


“We, the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution.” - - Abraham Lincoln

“Small minds adhere to the letter of the law; great minds dispense Justice.” - - S. C. Justice Oliver Wendell Holmes

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