Tuesday, June 29, 2010

Answering a question

from comments:

Gotcha. But if an incident occurred inside the city limits with an unregistered "handgun" in your home, (e.g., shooting a home invader or something) would that still be a felony if you purchased it legally using your FOID Card in an Illinois suburb or out-of-state?

And if so, would that apply to an unregistered "long gun," too?


Use of deadly force is easy to explain. If you fire your handgun or shotgun, you are using deadly force. Deadly force is force that likely can result in death or great bodily harm. You are justified to use deadly force as a citizen when you feel that your or someone else's life (like family) is in danger.

The city law of failure to register is just a nuisance law. Being convicted of a ordinance can never get you to a felony. Cities are not allowed to have felony charges. Only states can have a felony charge that could get you time in the Illinois Department of Corrections. This state, even though they do not allow you to conceal carry, still has a little common sense and allows everyone else in this state to possess a handgun or weapon inside of their home.

If you choose to use deadly force against someone, you need to be able to justify said use. Example: "Offender bashed in my window and was coming into my house in such a manner that it scared the shit out of me and I thought the offender was going to kill me or my family." That statement of fear of loss of life along with the evidence of the broken window, location of offender, etc. is enough to justify your use of deadly force. If you never feel fear of losing your life or getting seriously injured, then you are not justified in using deadly force. Please, express that fear of you being attacked and potentially losing your or a family member's life and then you will be justified.

However, as of right now, the city can confiscate your gun and charge you with an city ordinance. That would be all.

Here is the Illinois Statute so that you can do some of the use of force research on your own.

9 comments:

Anonymous said...

City can no longer enforce any of its Firearm Ordinances, they have been deemed Unconstitutional by the U.S. Supreme Court. If your rights to keep and bear arms get abused, or if you get harassed, call an Attorney immediately. This is still, at least for now, America, and the constitution still applies in Crookago, despite what King and Dictator in Charge Daley thinks.

Mr Personality said...

if you have an unregistered handgun if your home and you kill somebody invading your house in self defense you cannot be charged with the city failure to register charge. I forgot what the law was called but you are exempt if you use the gun in self defense... you cant be charged with uuw, fail to register or anything else if you are found to be in the right... if you have a gun and you have to use it then use it... as we always say, shoot first ask questions later.

Anonymous said...

As they say on the westside....better to be caught with it than without it !!!!

Anonymous said...

State law grants an affirmative defense to a local firearm ord. violation if the gun is used in self defense.

(720 ILCS 5/24‑10)
Sec. 24‑10. Municipal ordinance regulating firearms; affirmative defense to a violation. It is an affirmative defense to a violation of a municipal ordinance that prohibits, regulates, or restricts the private ownership of firearms if the individual who is charged with the violation used the firearm in an act of self‑defense or defense of another as defined in Sections 7‑1 and 7‑2 of this Code when on his or her land or in his or her abode or fixed place of business.
(Source: P.A. 93‑1048, eff. 11‑16‑04.

Anonymous said...

does anyone know what 2211 3rd watch did yesterday at or around 103 whipple troy that area
jun 29,

Anonymous said...

yea they got another great arrest on 2211's beat thats what they did over there.

Anonymous said...

Ignore Daley and his nonsensical babbling.....He has no idea what he is talking about, nor does his legal staff.

Anonymous said...

Don't buy more than one firearm at a time. When you fill out the 4473 forms and the dealer calls in the check if it is for 2 weapons you are flagged by the BATFE. Due to "straw purchases" and so forth. Just a word of caution for those who don't want the G looking into them any more than they should.

Anonymous said...

What about when one of your own dumbass kids goes and does the same? I can plug him because he's having an adventure? I'm sure you'd all have the pitchforks out clamoring for the highest sentence possible. Triple that if I was black or mexican.

Cowboys.