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Open carry in IL.


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#1 05FLHT

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Posted 13 February 2009 - 02:10 PM

I understand the premise of Illinois Carry in pushing for concealed carry, or if you prefer LTC.

I also know that the theory of "Six Seconds to Safety" or "Fanny Packing," is frowned upon by most members here, myself included, as an effective means of self defense.

What I was wondering, especially because of all the positive downstate support in regards to the recently reintroduced LTC house bills and the endorsement from the Sheriffs for LTC, is there support downstate for open carry in unincorporated areas? It really seems like most people (elected & appointed officials included) south of 80 have a positive attitude towards gun ownership, and I wonder if this is another avenue that can be pursued.

I know it's not LTC, but it is effective for self defense and does appear to be legal in some areas.
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#2 GNHNTN

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Posted 13 February 2009 - 02:50 PM

I understand the premise of Illinois Carry in pushing for concealed carry, or if you prefer LTC.

I also know that the theory of "Six Seconds to Safety" or "Fanny Packing," is frowned upon by most members here, myself included, as an effective means of self defense.

What I was wondering, especially because of all the positive downstate support in regards to the recently reintroduced LTC house bills and the endorsement from the Sheriffs for LTC, is there support downstate for open carry in unincorporated areas? It really seems like most people (elected & appointed officials included) south of 80 have a positive attitude towards gun ownership, and I wonder if this is another avenue that can be pursued.

I know it's not LTC, but it is effective for self defense and does appear to be legal in some areas.


It is already legal to "Open Carry" in unincorprated areas. I don't have a link to the statutes right off hand, sorry. Someone will chime in here with the legalities of it soon though I'm sure.
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#3 05FLHT

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Posted 13 February 2009 - 03:04 PM

I understand the premise of Illinois Carry in pushing for concealed carry, or if you prefer LTC.

I also know that the theory of "Six Seconds to Safety" or "Fanny Packing," is frowned upon by most members here, myself included, as an effective means of self defense.

What I was wondering, especially because of all the positive downstate support in regards to the recently reintroduced LTC house bills and the endorsement from the Sheriffs for LTC, is there support downstate for open carry in unincorporated areas? It really seems like most people (elected & appointed officials included) south of 80 have a positive attitude towards gun ownership, and I wonder if this is another avenue that can be pursued.

I know it's not LTC, but it is effective for self defense and does appear to be legal in some areas.


It is already legal to "Open Carry" in unincorporated areas. I don't have a link to the statutes right off hand, sorry. Someone will chime in here with the legalities of it soon though I'm sure.


I understand the statute as it is written does allow for open carry, in an unincorporated area. What I am asking is there downstate support for open carry in unincorporated areas.

If downstate sheriffs, politicians, ect... are in support of LTC, but argue they themselves cannot override Chicago to change current law, will they support open carry.

LTC has been discussed at local levels, i.e. Winnebago County, but it seems the catch has been not only the licensing/regulation, but also the validity of issuing such a permit in light of IL State law. Since it seems open carry is already legal, and if it is supported by local officials, what could the State of IL do to stop it?
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#4 johnyt101

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Posted 13 February 2009 - 03:33 PM

It would appear that Open Carry is legal under this provision

(720 ILCS 5/24-1)
Sec. 24-1. Unlawful Use of Weapons.

(10) Carries or possesses on or about his person, upon any public street, alley, or other public lands within the
corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the
purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land
or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm,
except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet on of
the following conditions:

HOWEVER, this point was brought to my attention

(720 ILCS 5/21‑6) (from Ch. 38, par. 21‑6)
Sec. 21‑6. Unauthorized Possession or Storage of Weapons.
(a) Whoever possesses or stores any weapon enumerated in Section 33A‑1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor.
( The chief security officer must grant any reasonable request for permission under paragraph (a).
(Source: P.A. 89‑685, eff. 6‑1‑97.)

Seeing that roads usually are built by public funds, you would have to have the permission of the sheriff to walk down the street in an unincorporated area if you decide to open carry.

#5 papa

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Posted 13 February 2009 - 03:37 PM

Here in Jefferson Co. you can openly carry in the fields and woods ( as long as you have permission of the land owner , otherwise a trespass charge ) but you will be arrested if caught walking on a road. I have talked with my sheriff several times about this.

I have openly carried many times while walking along roads in the past and still would if I were still able . I guess I was lucky that I never met up with a leo while doing so. I believe that the outcome of meeting a leo while walking along a road all depends on the Co. ( area ) you are in and the individual leo .

Haveing said that , I believe that such a charge could be beaten , but would be very costly. The cost and the chance that if you lost the case , you might also loose the right to own a gun is even more reason we need LTC!!!!

#6 Drylok

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Posted 13 February 2009 - 03:40 PM

Welcome to the forum 05FLHT, thanks for joining us!
"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks"
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#7 abolt243

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Posted 13 February 2009 - 03:40 PM

It would appear that Open Carry is legal under this provision

(720 ILCS 5/24-1)
Sec. 24-1. Unlawful Use of Weapons.

(10) Carries or possesses on or about his person, upon any public street, alley, or other public lands within the
corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the
purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land
or in his own abode or fixed place of business, any pistol, revolver, stun gun or taser or other firearm,
except that this subsection (a) (10) does not apply to or affect transportation of weapons that meet on of
the following conditions:

HOWEVER, this point was brought to my attention

(720 ILCS 5/21‑6) (from Ch. 38, par. 21‑6)
Sec. 21‑6. Unauthorized Possession or Storage of Weapons.
(a) Whoever possesses or stores any weapon enumerated in Section 33A‑1 in any building or on land supported in whole or in part with public funds or in any building on such land without prior written permission from the chief security officer for such land or building commits a Class A misdemeanor.
( The chief security officer must grant any reasonable request for permission under paragraph (a).
(Source: P.A. 89‑685, eff. 6‑1‑97.)

Seeing that roads usually are built by public funds, you would have to have the permission of the sheriff to walk down the street in an unincorporated area if you decide to open carry.


There's some controversy on this point, there's another thread that was just to this point. If, in fact, you do feel that you can carry in an "unincorporated" area, how are you defining "unincorporated"? It would seem that most places with streets, would be incorporated. If you're speaking of rural roads, then they might fall under the purview of the statutes above. If you're talking about private property outside of any town, city or village, and you have the permission of the landowner, then you're probably OK. Not much unincorporated land in Illinois that's not privately owned.

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#8 Silver Guardian

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Posted 13 February 2009 - 04:38 PM

I'm all for Open Carry, but as things stand now...

Not much unincorporated land in Illinois that's not privately owned.


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#9 Drylok

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Posted 13 February 2009 - 05:08 PM

I just don't understand the whole open/conceal argument in general.

"Hey there's a man carrying a gun on his hip great!"

*Man pulls his shirt tail over his gun*

"Oh my gosh, he just concealed it, quick everyone run for the hills" :thumbsup:
"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks"
-Thomas Jefferson-

Now two flags fly above my land that really sum up how I feel. One is the colors that fly high and proud the red, the white, the blue. The other ones got a rattle snake with a simple statement made, don't tread on me, is what it says and I'll take that to my grave
-Aaron Lewis-

#10 Shadow_Grey

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Posted 13 February 2009 - 05:26 PM

I'm all for Open Carry, but as things stand now...

Not much unincorporated land in Illinois that's not privately owned.


Almost all areas within 20-40feet of the road are owned by the state/county. It is their property up until the actual land owners. Be very careful when you walk/hunt next to roads. My buddy while tracking a deer almost got snagged and all he was doing was carrying his shotgun. Sheriff deputy was driving by at that time and he was only 50 foot off the road. Got a verbal warning about being too close to the road.

#11 Buzzard

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Posted 13 February 2009 - 07:27 PM

It really seems like most people (elected & appointed officials included) south of 80 have a positive attitude towards gun ownership, and I wonder if this is another avenue that can be pursued.

Welcome to the forum FLHT! It seems there is a misconception that northern Illinois is a "gun free zone" and nothing could be further from the truth. I would like to point out that I-80 has no bearing at all on gun ownership in Illinois. Please look at this map that shows counties that have passed a resolution that clearly states they want nothing to do with passing more anti-gun laws. It is only in Illinois' most heavily populated, urban areas that some people are unfriendly towards firearms. Chicagoland, Champaign/Urbana and Springfield come to mind.

Again - welcome to the forum! And from another HD rider, too!!
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but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda,
they can certainly be corrected by good men with rifles." — Jeff Cooper, The Art of the Rifle

#12 GWBH

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Posted 14 February 2009 - 11:06 AM

I understand the premise of Illinois Carry in pushing for concealed carry, or if you prefer LTC.

I also know that the theory of "Six Seconds to Safety" or "Fanny Packing," is frowned upon by most members here, myself included, as an effective means of self defense.

What I was wondering, especially because of all the positive downstate support in regards to the recently reintroduced LTC house bills and the endorsement from the Sheriffs for LTC, is there support downstate for open carry in unincorporated areas? It really seems like most people (elected & appointed officials included) south of 80 have a positive attitude towards gun ownership, and I wonder if this is another avenue that can be pursued.

I know it's not LTC, but it is effective for self defense and does appear to be legal in some areas.


It is already legal to "Open Carry" in unincorporated areas. I don't have a link to the statutes right off hand, sorry. Someone will chime in here with the legalities of it soon though I'm sure.


I understand the statute as it is written does allow for open carry, in an unincorporated area. What I am asking is there downstate support for open carry in unincorporated areas.

If downstate sheriffs, politicians, ect... are in support of LTC, but argue they themselves cannot override Chicago to change current law, will they support open carry.



05FLHT - welcome to the fight for our rights!!
I live in the 'last frontier' of Illinois, so to speak...
I can tell you from experience that open carry happens all the time around my home. Transport laws still apply on ruraL roads, but are not vigorously enforced by local LE. However, CPOs DO enforce transport law - especially during firearm deer season!!
I carry all the time when on my property or in the woods. I walk a mile through the woods to a couple of friends houses and carry - although no one ever sees me!
In short, you can expect to see a pistol or revolver tucked in people's waistband a substantial amount of the time when in the country around me.
Local LE and our state rep (Phelps) does support open carry and LTC.
It's just a different mindset here. Firearms are a part of life, like putting on your boots.
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