OC walks

[JKooL]

Since I've read that Ohio had much luck getting their CCW passed after having massive Open Carry rallies, I was wondering if this has ever been talked about for Illinois.

 

If in fact the UUW does allow a loophole for open carry in an unincorporated area, maybe this is something we should look in to. I'm still a little leary as to whether or not that is legal, I'm a cop myself and never heard of unincorporated carry until I came to this board. Obviously we'd have to do some major research and make sure no local ordinances on the county level are violated.

[Ashdump]

Since I've read that Ohio had much luck getting their CCW passed after having massive Open Carry rallies, I was wondering if this has ever been talked about for Illinois.

 

If in fact the UUW does allow a loophole for open carry in an unincorporated area, maybe this is something we should look in to. I'm still a little leary as to whether or not that is legal, I'm a cop myself and never heard of unincorporated carry until I came to this board. Obviously we'd have to do some major research and make sure no local ordinances on the county level are violated.

 

That is something to consider, JKool, but at the present time, let's just patiently see what developes from the happenings up in Winnebago county for now. Like you, I did not know about the "unincorporated" area thing until it was mentioned here.

[Buzzard]

This should not be construed as legal advice, but as I understand it, outside of the city (unincorporated), open carry is permitted while on your property. But that is the only provision other than hunting.

 

The Winnebago resolution is definately going to get the ball rolling here in Illiniois as far as concealed carry. Other counties are waiting and watching. We also have IGOLD and a new rally in Chicago which will happen sometime after the landmark Supreme Court decision of D.C. vs Heller. So one might say, "We're really gonna give 'em heck this year!"

[Jeff Johnson]

Open carry in unincorporated area is fine but is legal only private property as I understand it, and does not include roads or public land. It doesn't have to be your own property but does have to be with owners permission. Hard to make much of a statement by rallying on somebody's farm.

I open carry when I'm out on the tractor because it legal and more comfortable than concealed, but nobody knows it or cares.

[Kenny]

I'm not 100% sure but even if I live in town I can open carry on my own property as long as there are no city ordinances against it. I think I can even carry concealed as long as it is on my own property. I even think if the owner of a factory or lumberyard wants to let their employees carry at work, that it is totally legal as long as they do not leave the property. Like I said I am not 100% sure but I do have a call into a couple friends that are cops.

[GlockShooter]

I'm not 100% sure but even if I live in town I can open carry on my own property as long as there are no city ordinances against it. I think I can even carry concealed as long as it is on my own property. I even think if the owner of a factory or lumberyard wants to let their employees carry at work, that it is totally legal as long as they do not leave the property. Like I said I am not 100% sure but I do have a call into a couple friends that are cops.

You are correct. I can't find the exact text at the moment, but it is legal to carry a gun on your person while on your property (and I believe other's private property, as long as they give you permission). It is also legal to carry at your place of employment if the owner allows it. This is according to state law, so any local ordinances that say otherwise would trump this.

 

The other issue to consider is being seen with it, even under legal conditions. I regularly carry when I'm at home, but if I go outside, I cover it up. Even though it's legal while on my property, that won't stop the local LEOs from giving me a hard time because a neighbor called in a complaint.

[Kenny]

My buddy just called me back and I am right on your own property you can carry it however you want. I wonder if everyone started open carring on their own property if it would help spread the word or send a message to springfield (IL not armory)

[Silver Guardian]

My buddy just called me back and I am right on your own property you can carry it however you want. I wonder if everyone started open carring on their own property if it would help spread the word or send a message to springfield (IL not armory)

 

I'd say that would only help if you've got a large amount of land, otherwise you're just going to look silly.

[Paul Kirsey]

I would open carry while cutting my lawn if it was practical. Of course, the boys in blue would be camped out in front of my house just waiting for me to step on the sidewalk or street and then BAM, a SWAT team would spring into action like a bunch of crazed ninjas and haul me away like the evil criminal I am, only to make an example of me.

[Matt H]

I do carry while i mow the grass and while tinkering in the garage. Trick is not to drive off the grass and into the street. ALSO...don't check the mail with it if you have a roadside mailbox. Im not sure whether the law is like soccer or the law is like basketball ( gun goes over the line its out, or your feet step over the line and your out.) GOOAAAAL!

[junglebob]

I hope every one understands that we don't need a law saying we can open carry in rural areas if there is no law on the books against it. It you go to the Illinois General Assembly website ilga.gov , you can look at 720 ILCS 5/24 If you go down to #10 it explains it is a violation to carry on or possess about your person upon any public street, alley or other public lands within the corporate limits of a city, village, or incorporated town, (that means other than a rural area) except when an invitee theron or therein for the purpose of the display of such weapons, or the lawful commerce in weapons, or except when on his land or in his abode (your city or village lot or house) or fixed place of business, any pistol, revolver....

 

Thankfully living out in the sticks in southern Illinois I don't worry about someone calling the sheriff if I'm open carrying on my property or walking along the road, going to the mail box or shooting on my private range. Two of my adjacent neighbors have private ranges as well, I don't call 911 when I hear multiple gun shots during daylight hours when they may be practicing, they return the favor.

 

I am not a lawyer, nor do I play one on TV, but even some in law enforcement don't know Illinois gun laws. Ask 10 different cops and you'll probably get 11 answers.

[Black Flag]

Can't ya open carry while fishing?

Get a 2nd holster for your Ronco Pocket Fisherman.

[Mac]

I have asked the sheriff of Johnson County about open carry . He told me that there is not a law against it, but if some other person is bothered by the sight of a holstered gun on my hip, them I can be arrested for disturbing the peace. This does not make a whole lot of sense to me. But this is what he told me.

 

 

Mac

[TTIN]

I have asked the sheriff of Johnson County about open carry . He told me that there is not a law against it, but if some other person is bothered by the sight of a holstered gun on my hip, them I can be arrested for disturbing the peace. This does not make a whole lot of sense to me. But this is what he told me.

 

 

Mac

 

 

You mean that if I don't,say,like the way you look I can have you arrested for disturbing the peace? Sounds stupid,but so does the OC thing.That's what gets me about this politically correct bullsh!t;just because a very small minority doesn't like something,everyone else is supposed to change their ways to pacify the small minority. That's why you can't pray in school now; some athist(1 person,I believe) probably with some money,opposed it,and although this country was founded upon God,guns and guts,now all of assudden school kids don't get to openly pray.

I think it's time to take our country back.

 

[/soapbox]

[flagtag]

I have asked the sheriff of Johnson County about open carry . He told me that there is not a law against it, but if some other person is bothered by the sight of a holstered gun on my hip, them I can be arrested for disturbing the peace. This does not make a whole lot of sense to me. But this is what he told me.

 

 

Mac

 

 

You mean that if I don't,say,like the way you look I can have you arrested for disturbing the peace? Sounds stupid,but so does the OC thing.That's what gets me about this politically correct bullsh!t;just because a very small minority doesn't like something,everyone else is supposed to change their ways to pacify the small minority. That's why you can't pray in school now; some athist(1 person,I believe) probably with some money,opposed it,and although this country was founded upon God,guns and guts,now all of assudden school kids don't get to openly pray.

I think it's time to take our country back.

 

[/soapbox]

 

That fool even wanted "In God We Trust" taken off the money he used to pay for that complaint. He was a lawyer, I believe. and wanted his daughter's mother to raise her athiest as well.

[lockman]

I hope every one understands that we don't need a law saying we can open carry in rural areas if there is no law on the books against it. It you go to the Illinois General Assembly website ilga.gov , you can look at 720 ILCS 5/24 If you go down to #10 it explains it is a violation to carry on or possess about your person upon any public street, alley or other public lands within the corporate limits of a city, village, or incorporated town, (that means other than a rural area) except when an invitee theron or therein for the purpose of the display of such weapons, or the lawful commerce in weapons, or except when on his land or in his abode (your city or village lot or house) or fixed place of business, any pistol, revolver....

 

Junglebob is correct. Illinois leaves plenty to be decided by the courts. You would think that if invited on someones land you can carry as it is private property, but the law states only for "the purpose of the display of such weapons, or the lawful commerce in weapons", so technically only in those circumstances. We can split hairs here and state if you are open carrying then you are displaying but I don't think that would fly before a judge.

 

The only long term solution is to remove all otherwise lawful restrictions on bearing arms on private land. Other than a trespass the state has no legitimate reason to restrict or prohibit bearing arms on private land.

 

Illinois has also by definition made carry or storage of firearms (even unloaded & cased) on State, County or municipal buildings and land a criminal trespass unless otherwise exempted or possessing written permission from an official of the jurisdiction. This statute has been used when a valid FOID card holder had a otherwise legally cased & unloaded firearm in a public building.

 

Highways, roads and streets are not considered public lands in the trespass statute so walking along or crossing while OC in rural areas should not be a problem.

[Black Flag]

[snip]

That's what gets me about this politically correct bullsh!t;just because a very small minority doesn't like something,everyone else is supposed to change their ways to pacify the small minority. That's why you can't pray in school now; some athist(1 person,I believe) probably with some money,opposed it,and although this country was founded upon God,guns and guts,now all of assudden school kids don't get to openly pray.

I think it's time to take our country back.

 

[/soapbox]

[/snip]

 

Step back and think before you post.

When it comes to CCW, WE are the minority. Gun owners [in Illinois] are the minority.

We are fighting for laws to be lifted and other laws enacted, to please a minority!

 

It's called civil rights, not majority rule.

 

********************************

 

The same goes for "prayer in schools". Kids can pray if they want to, no one can stop them, and if someone tries it, there's a 1st AM suit. If you want the kids directed to pray, that's a different story. Pray to whose god? Yours or mine? And what if I don't have one? What about 'lil Habib? Should he be made to feel like a stranger in his own country because the rest of the class [in a public school] is off on some Kristian Krusade?

 

You can always send your kids to a private school if you want to ensure that they're praying, and praying only to the correct god.

 

********************************

 

The same constitution that protects my RKBA

also protects me from having your religion forced upon me while I'm in a public school.

 

********************************

 

Prayer in school is not a gun rights issue anyway. Consider discussing it somewhere else.

[TTIN]

[snip]

That's what gets me about this politically correct bullsh!t;just because a very small minority doesn't like something,everyone else is supposed to change their ways to pacify the small minority. That's why you can't pray in school now; some athist(1 person,I believe) probably with some money,opposed it,and although this country was founded upon God,guns and guts,now all of assudden school kids don't get to openly pray.

I think it's time to take our country back.

 

[/soapbox]

[/snip]

 

Step back and think before you post.

When it comes to CCW, WE are the minority. Gun owners [in Illinois] are the minority.

We are fighting for laws to be lifted and other laws enacted, to please a minority!

 

It's called civil rights, not majority rule.

 

********************************

 

The same goes for "prayer in schools". Kids can pray if they want to, no one can stop them, and if someone tries it, there's a 1st AM suit. If you want the kids directed to pray, that's a different story. Pray to whose god? Yours or mine? And what if I don't have one? What about 'lil Habib? Should he be made to feel like a stranger in his own country because the rest of the class [in a public school] is off on some Kristian Krusade?

 

You can always send your kids to a private school if you want to ensure that they're praying, and praying only to the correct god.

 

********************************

 

The same constitution that protects my RKBA

also protects me from having your religion forced upon me while I'm in a public school.

 

********************************

 

Prayer in school is not a gun rights issue anyway. Consider discussing it somewhere else.

 

Don't get excited Blackflag.It was only a point I was trying to make about political correctness.And we on here aren't trying to force anything on anyone.Just to take back our RIGHTS!!

[Black Flag]

Just to take back our RIGHTS!!

 

Make sure that you're not inventing any rights as you go along, like the liberals do.

[TTIN]

Just to take back our RIGHTS!!

 

Make sure that you're not inventing any rights as you go along, like the liberals do.

 

Ya lost me on that one.

[JKooL]

I have asked the sheriff of Johnson County about open carry . He told me that there is not a law against it, but if some other person is bothered by the sight of a holstered gun on my hip, them I can be arrested for disturbing the peace. This does not make a whole lot of sense to me. But this is what he told me.

 

 

Mac

 

There is no such thing as "disturbing the peace" in the Illinois compiled statutes. Are you sure he didn't mean "disorderly conduct", in which case open carrying on your property would be a huge stretch for someone to claim they were "alarmed" which is required for disorderly conduct.

 

(a) A person commits disorderly conduct when he knowingly:

(1) Does any act in such unreasonable manner as to

 

alarm or disturb another and to provoke a breach of the peace

 

There's no way any attorney could legitimately press a disorderly conduct charge against you for carrying on your own property. Now if you are waving the gun around or pointing it at someone then you've got issues, but simply carrying it and going about your business is not an unreasonable action to alarm or disturb another person.

 

I hope that you heard the Sheriff incorrectly or didn't explain the situation properly to him. If the Sheriff honestly gave you that answer, he has no business being a Sheriff, unless county ordinances are that broad and generic.

[flagtag]

I have asked the sheriff of Johnson County about open carry . He told me that there is not a law against it, but if some other person is bothered by the sight of a holstered gun on my hip, them I can be arrested for disturbing the peace. This does not make a whole lot of sense to me. But this is what he told me.

 

 

Mac

 

There is no such thing as "disturbing the peace" in the Illinois compiled statutes. Are you sure he didn't mean "disorderly conduct", in which case open carrying on your property would be a huge stretch for someone to claim they were "alarmed" which is required for disorderly conduct.

 

(a) A person commits disorderly conduct when he knowingly:

(1) Does any act in such unreasonable manner as to

 

alarm or disturb another and to provoke a breach of the peace

 

There's no way any attorney could legitimately press a disorderly conduct charge against you for carrying on your own property. Now if you are waving the gun around or pointing it at someone then you've got issues, but simply carrying it and going about your business is not an unreasonable action to alarm or disturb another person.

 

I hope that you heard the Sheriff incorrectly or didn't explain the situation properly to him. If the Sheriff honestly gave you that answer, he has no business being a Sheriff, unless county ordinances are that broad and generic.

 

Problem is, who is to determine "unreasonable manner"? What is reasonable to you and me may not be to someone else. And why should WE be limited in our lives because someone else has a "glitch" in his/her brain and perceives something perfectly innocent as frightening and/or disturbing? I don't know about you, but I'm tired of "babysitting" someone else's paranoia. (Do we have to "burp" them afterwards too?)

[junglebob]

I imagine the sheriff was talking about a possible disorderly conduct charge for open carrying in a rural area off your own land. Even so if some one soiled themselves because they saw you open carrying a handgun that should be their problem if you were just walking along or standing with the handgun holstered. What if they had just watched the Texas Chainsaw Massacre Movie, should I be liable for a disorderly conduct charge because I'm walking along the road with my chainsaw to cut up some tree limbs that came down in the storm and they have a fobia for chainsaws?

[TTIN]

Problem is, who is to determine "unreasonable manner"? What is reasonable to you and me may not be to someone else. And why should WE be limited in our lives because someone else has a "glitch" in his/her brain and perceives something perfectly innocent as frightening and/or disturbing? I don't know about you, but I'm tired of "babysitting" someone else's paranoia. (Do we have to "burp" them afterwards too?)

 

Amen flagtag....exactly what I was saying with all that political correctness crap.

[JKooL]

Problem is, who is to determine "unreasonable manner"? What is reasonable to you and me may not be to someone else.

 

The question before the Judge then would be, "is carrying a weapon secured in a holster in and of itself an action SO unreasonable that it causes another person to become alarmed and disturbed."

 

If the Judge answers yes to that question, we've got problems. However, if that's the case, the defense could counter with a question such as this, "in what way can the defendant lawfully carry his weapon in a reasonable manner?" I suppose the answer to that question is, unloaded and enclosed in a case... Stupid IL laws...

[flagtag]

Problem is, who is to determine "unreasonable manner"? What is reasonable to you and me may not be to someone else. And why should WE be limited in our lives because someone else has a "glitch" in his/her brain and perceives something perfectly innocent as frightening and/or disturbing? I don't know about you, but I'm tired of "babysitting" someone else's paranoia. (Do we have to "burp" them afterwards too?)

 

Amen flagtag....exactly what I was saying with all that political correctness crap.

 

I'm too old to be a "lying a$$ kisser" (my definition of "Politically Correct") If I feel someone can't take the truth, then I will try to ignore him/her, but I won't lie. I don't like being lied to either. So, tell me like it is, or don't say a word. (I can take it - I won't go crying to mommie)

[flagtag]

Problem is, who is to determine "unreasonable manner"? What is reasonable to you and me may not be to someone else.

 

The question before the Judge then would be, "is carrying a weapon secured in a holster in and of itself an action SO unreasonable that it causes another person to become alarmed and disturbed."

 

If the Judge answers yes to that question, we've got problems. However, if that's the case, the defense could counter with a question such as this, "in what way can the defendant lawfully carry his weapon in a reasonable manner?" I suppose the answer to that question is, unloaded and enclosed in a case... Stupid IL laws...

 

OR, another question could be: "Your Honor, would you consider suggesting psych counceling for that "another person?" (So that he/she can get his/her head on strait) :Drunk emoticon:

[w00dc4ip]

Problem is, who is to determine "unreasonable manner"? What is reasonable to you and me may not be to someone else.

 

The question before the Judge then would be, "is carrying a weapon secured in a holster in and of itself an action SO unreasonable that it causes another person to become alarmed and disturbed."

 

If the Judge answers yes to that question, we've got problems. However, if that's the case, the defense could counter with a question such as this, "in what way can the defendant lawfully carry his weapon in a reasonable manner?" I suppose the answer to that question is, unloaded and enclosed in a case... Stupid IL laws...

If the judge answers yes, the lawyer for defense should ask the judge why the "disturbed" person has no problem with the holstered sidearm of the bailiff? Perhaps the county sheriff and local police should no longer be allowed to carry sidearms, as they clearly "disturb" the general public.

[flagtag]

Problem is, who is to determine "unreasonable manner"? What is reasonable to you and me may not be to someone else.

 

The question before the Judge then would be, "is carrying a weapon secured in a holster in and of itself an action SO unreasonable that it causes another person to become alarmed and disturbed."

 

If the Judge answers yes to that question, we've got problems. However, if that's the case, the defense could counter with a question such as this, "in what way can the defendant lawfully carry his weapon in a reasonable manner?" I suppose the answer to that question is, unloaded and enclosed in a case... Stupid IL laws...

If the judge answers yes, the lawyer for defense should ask the judge why the "disturbed" person has no problem with the holstered sidearm of the bailiff? Perhaps the county sheriff and local police should no longer be allowed to carry sidearms, as they clearly "disturb" the general public.

 

:Drunk emoticon:

[Ocellairs]

I have asked the sheriff of Johnson County about open carry . He told me that there is not a law against it, but if some other person is bothered by the sight of a holstered gun on my hip, them I can be arrested for disturbing the peace. This does not make a whole lot of sense to me. But this is what he told me.

 

 

Mac

 

 

 

..that is basically what the local sheriff here said too.

 

As for making sense, those who have gray matter that is on the edge of lou lou ville, it won't take much to disturb what peace they have.

 

I've seen some butt ugly individuals that really disturb my peace, but they wasn't arrested.