Am I committing UUW if I carry while masked?

[Blackbeard]

With people being urged to wear masks to slow the spread of COVID-19, are concealed carriers unwittingly committing felonies?

 

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

Sec. 24-1. Unlawful use of weapons.

(a) A person commits the offense of unlawful use of weapons when he knowingly

(9) Carries or possesses in a vehicle or on or about

his or her person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he or she is hooded, robed or masked in such manner as to conceal his or her identity;

[Mr. Fife]

That black beard might be construed as concealing your identity. . All kidding aside, that is an excellent question.

[Raw Power]

I think the argument would be that intent matters. It's the same reason why you can carry more than a 3" knife in the city, unless you're intending on committing a crime.

 

Your intent isn't to conceal your identity, but to keep from getting sick.

[lawman]

I would agree with the above. I've been wrong before but it doesn't happen very often.

[Bubbacs]

Does the mask conceal your identity

I think not

Half or better is closed

I'm not sure anyone then, just like now would even see or ask

[spanishjames]

I once heard an IL CCL instructor say that you can't carry, and wear a hoodie at the same time.

[mrmagloo]

I once heard an IL CCL instructor say that you can't carry, and wear a hoodie at the same time.

Did you by chance catch the first post?

[spanishjames]

 

I once heard an IL CCL instructor say that you can't carry, and wear a hoodie at the same time.

Did you by chance catch the first post?

Yes, but it's ridiculous to believe you're breaking the law by putting a head covering on, while legally carrying a firearm.

[mrmagloo]

 

 

I once heard an IL CCL instructor say that you can't carry, and wear a hoodie at the same time.

Did you by chance catch the first post?

Yes, but it's ridiculous to believe you're breaking the law by putting a head covering on, while legally carrying a firearm.

Read it closely. They are not describing a head covering, meaning a hat. They are referring to masks as in Halloween masks, hoodies, and other items specifically designed for bad guys to try and conceal their identity. Seems extremely clear to me.

[spanishjames]

I once heard an IL CCL instructor say that you can't carry, and wear a hoodie at the same time.

 

Did you by chance catch the first post?

Yes, but it's ridiculous to believe you're breaking the law by putting a head covering on, while legally carrying a firearm.

 

Read it closely. They are not describing a head covering, meaning a hat. They are referring to masks as in Halloween masks, hoodies, and other items specifically designed for bad guys to try and conceal their identity. Seems extremely clear to me.

 

Yes, relax, I get it. We're on the same page.

[ScottFM]

 

 

Your intent isn't to conceal your identity, but to keep from getting sick.

^^^^^^THIS

[Bubbacs]

Let me jump back in as I now see my support for IC has expired and I can not edit! :-(

 

We have all heard by now that it MAY become a directive that all people venturing outside to be masked, ie wear a medical mask or other cover while outside period.

Let’s just for a minute think that if this comes to fruition I’m not sure any of this masked thing will be any issue in any way!

Once told to wear a mask, you couldn’t possibly become a criminal by wearing a mask. No?

 

Just an extra 0.02

 

And now I’ll return you to your regularly scheduled posts.

[Blackbeard]

True it’s not my intent, but the law doesn’t require intent. It just says “while...masked in such manner as to conceal his or her identity”.

 

Maybe if I write my name on the outside of the mask, or just wear one of those “Hello my name is” stickers....

[Euler]

...

We have all heard by now that it MAY become a directive that all people venturing outside to be masked, ie wear a medical mask or other cover while outside period.

...

I haven't heard it. If it becomes mandated, who's going to supply those masks? Nobody has a supply of 12m of them to hand out to non-emergency personnel.

 

Meanwhile, I carry while wearing a hoodie all the time, especially in winter. I'm not concealing my identity. I'm keeping the wind out of my ears and the rain off my head.

[Raw Power]

True it’s not my intent, but the law doesn’t require intent. It just says “while...masked in such manner as to conceal his or her identity”.

 

Maybe if I write my name on the outside of the mask, or just wear one of those “Hello my name is” stickers....

I think the crucial words there are "as to" which implies intent.

 

Now, could you get jammed up on it if a cop had a bug up his a** about coming into contact with Covid 19 victims? Sure... Would you win in court? Almost certainly. I'd be willing to chip in for your defense if something like that happened, and I'm sure I'm not the only one.

[Raw Power]

 

...

We have all heard by now that it MAY become a directive that all people venturing outside to be masked, ie wear a medical mask or other cover while outside period.

...

I haven't heard it. If it becomes mandated, who's going to supply those masks? Nobody has a supply of 12m of them to hand out to non-emergency personnel.

 

My understanding is that they're not going to be requiring N95 masks, which are what is in short supply, but rather standard surgical masks, which offer very little actual protection, but do keep infected people from sneezing their germs all over everyone else.

[InterestedBystander]

 

 

...

We have all heard by now that it MAY become a directive that all people venturing outside to be masked, ie wear a medical mask or other cover while outside period.

...

 

I haven't heard it. If it becomes mandated, who's going to supply those masks? Nobody has a supply of 12m of them to hand out to non-emergency personnel.

My understanding is that they're not going to be requiring N95 masks, which are what is in short supply, but rather standard surgical masks, which offer very little actual protection, but do keep infected people from sneezing their germs all over everyone else.

They arent suggesting N95 masks but wheres the general public going to even buy surgical masks? They tell me to wear a scarf yet dont tell me why its better and I wont be wearing my wool winter one when it is 70 degrees outside. Make my own...I dont have sewing supplies, hot glue guns, etc at home now and apparently the people already making have wiped out filters and charcoal pads.

[borgranta]

With people being urged to wear masks to slow the spread of COVID-19, are concealed carriers unwittingly committing felonies?

 

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

Sec. 24-1. Unlawful use of weapons.

(a) A person commits the offense of unlawful use of weapons when he knowingly

(9) Carries or possesses in a vehicle or on or about

his or her person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he or she is hooded, robed or masked in such manner as to conceal his or her identity;

As written all medical staff that were to carry while wearing masks and so would all police that were to wear masks. A lawyer can potentially claim entrapment now that the feds have suggested that members of the general public wear masks though not medical masks which are in short supply. Since the new suggestion to wear masks this law would act an entrapment since the mask wearer is complying with federal suggestions.

[borgranta]

 

 

I once heard an IL CCL instructor say that you can't carry, and wear a hoodie at the same time.

Did you by chance catch the first post?

Yes, but it's ridiculous to believe you're breaking the law by putting a head covering on, while legally carrying a firearm.

 

This would potentially ban Muslim women from carrying because of their head covering which means this law may constitute discrimination on the basis of religion as applied to women that wear head coverings for religious reasons.

[cola490]

Come on guys, I know we are all bored to tears, but this conversation is silly.

Of course IANAL.

[cybermgk]

With people being urged to wear masks to slow the spread of COVID-19, are concealed carriers unwittingly committing felonies?

 

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

Sec. 24-1. Unlawful use of weapons.

(a) A person commits the offense of unlawful use of weapons when he knowingly

(9) Carries or possesses in a vehicle or on or about

his or her person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he or she is hooded, robed or masked in such manner as to conceal his or her identity;

Are you wearing it to conceal your identity?

[Mr. Fife]

Come on guys, I know we are all bored to tears, but this conversation is silly.

 

Of course IANAL.

It's silly all the way up to the time they start doing the cavity search.

[seanc]

Good question!

 

 

True it’s not my intent, but the law doesn’t require intent. It just says “while...masked in such manner as to conceal his or her identity”.

Maybe if I write my name on the outside of the mask, or just wear one of those “Hello my name is” stickers....

I think the crucial words there are "as to" which implies intent.

 

Now, could you get jammed up on it if a cop had a bug up his a** about coming into contact with Covid 19 victims? Sure... Would you win in court? Almost certainly. I'd be willing to chip in for your defense if something like that happened, and I'm sure I'm not the only one.

 

 

^This. As with any perceived CCW infraction, be polite with the responding officer(s), show your CCL and your intent to follow the letter and spirit of the law. Most cops just want to smooth things out and move people along. Politely ask for a sergeant's interpretation before they cuff you. If you're arrested, come back here and let us know.

[Quiet Observer]

 

With people being urged to wear masks to slow the spread of COVID-19, are concealed carriers unwittingly committing felonies?

 

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

Sec. 24-1. Unlawful use of weapons.

(a) A person commits the offense of unlawful use of weapons when he knowingly

(9) Carries or possesses in a vehicle or on or about

his or her person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he or she is hooded, robed or masked in such manner as to conceal his or her identity;

Are you wearing it to conceal your identity?

 

Excellent point. During the winters people have been covering their faces with scarfs and cold weather masks for years.

I imagine during the last 5 years some of us wearing those also were CCing.

 

I guess someone could still argue semantics.

On a practical point, police are not going to stop everyone wearing a mask to see if they are armed.

I did not hear of any incidents during Halloween, no parents taken down and searched while wearing a mask when accompanied their kinds.

[Blackbeard]

 

With people being urged to wear masks to slow the spread of COVID-19, are concealed carriers unwittingly committing felonies?

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

Sec. 24-1. Unlawful use of weapons.

(a) A person commits the offense of unlawful use of weapons when he knowingly

(9) Carries or possesses in a vehicle or on or about

his or her person any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he or she is hooded, robed or masked in such manner as to conceal his or her identity;

 

Are you wearing it to conceal your identity?

“In such manner” does not mean “with intent”. It just means that it does conceal identity, not that that was the reason.

[Bubbacs]

All of the threads on questions like these have the same answer and bottom line.

If you are not drawing attention to yourself in a manner which would suggest criminal activity, how or why would anyone know you are carrying a firearm? It’s Concealed yes?

 

Car stop, not likely to ask why you are wearing a mask to drive and carry, maybe you’re going to carjack yourself?

Walking down the street, unless you are talking to your self and being obnoxious to others, why would anyone care?

Me thinks we over think the possibilities way more than necessary only because we have a CCL to begin with.

 

If the question starts out with, will I, what if, etc. one only need do a search and see if any of these scenarios have happened already!

Because we have a firearm on our person somewhere does not make the general public or law enforcement look at us any different that the feast of the general population. We Got a CCL Card, not a forehead tattoo!

 

Everyone please enjoy your stays at home, stay safe.

[Odinson]

You could always wear a bandana ala cowboy bank robbers if you don't have access to a surgical mask or a respirator.

[Grayhawk]

I like a ski mask myself. It keeps me from touching my face.