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Concealed Carry Consequences

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IllinoisGuy

Guest
First let me stress that nobody concerned here has been charged with anything. A couple of co-workers and I have 3 hypothetical situations concerning weapons charges in Illinois we would like advice on. As you know Illinios is a staunch anti-gun state and therefore has no concealed carry rights. At times all of us have felt the need for a concealed weapon for self-defence at one time or another but we have no idea of what would actually happen to any of us if we in fact got caught doing this. Three possible scenarios come to mind:

A) You are just caught by chance with a concealed handgun by some law enforcement official through some type of search or by responding affirmatively to an inquiry by a police officer.

B) You draw a handgun against someone who you feel is threating you with bodily harm but no need arises to actually use it. Ultimately you are charged due to a bystanders call or possibly the perpetrator himself.

C) God forbid you use the concealed handgun in response to a perpetrators threat in kind. The perpetrator is wounded or killed.

We all realize that you will get arrested, but for first time offenders with clean records, what is the probability that you would get sentenced jail time?

If this is too broad in scope to answer here, we are willing to do our own research of previous cases of sorts, be we have no idea of where to look or how this type of case information would be indexed. Anything you can give us would be greatly appreciated.
 


I

I AM ALWAYS LIABLE

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by IllinoisGuy:
First let me stress that nobody concerned here has been charged with anything. A couple of co-workers and I have 3 hypothetical situations concerning weapons charges in Illinois we would like advice on. As you know Illinios is a staunch anti-gun state and therefore has no concealed carry rights. At times all of us have felt the need for a concealed weapon for self-defence at one time or another but we have no idea of what would actually happen to any of us if we in fact got caught doing this. Three possible scenarios come to mind:

A) You are just caught by chance with a concealed handgun by some law enforcement official through some type of search or by responding affirmatively to an inquiry by a police officer.

B) You draw a handgun against someone who you feel is threating you with bodily harm but no need arises to actually use it. Ultimately you are charged due to a bystanders call or possibly the perpetrator himself.

C) God forbid you use the concealed handgun in response to a perpetrators threat in kind. The perpetrator is wounded or killed.

We all realize that you will get arrested, but for first time offenders with clean records, what is the probability that you would get sentenced jail time?

If this is too broad in scope to answer here, we are willing to do our own research of previous cases of sorts, be we have no idea of where to look or how this type of case information would be indexed. Anything you can give us would be greatly appreciated.
<HR></BLOCKQUOTE>

My response:

Illinois Compiled Statutes
Criminal Offenses
Criminal Code of 1961
720 ILCS 5/

(720 ILCS 5/)


ARTICLE 24. DEADLY WEAPONS


(720 ILCS 5/24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he
knowingly:
(1) Sells, manufactures, purchases, possesses or carries any
bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal
knuckles, throwing star, or any knife, commonly referred to as a
switchblade knife, which has a blade that opens automatically by
hand pressure applied to a button, spring or other device in the
handle of the knife, or a ballistic knife, which is a device that
propels a knifelike blade as a projectile by means of a coil spring,
elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy, dangerous knife,
razor, stiletto, broken bottle or other piece of glass, stun gun or
taser or any other dangerous or deadly weapon or instrument of like
character; or
(3) Carries on or about his person or in any vehicle, a tear
gas gun projector or bomb or any object containing noxious liquid
gas or substance, other than an object containing a non-lethal
noxious liquid gas or substance designed solely for personal defense
carried by a person 18 years of age or older; or
(4) Carries or possesses in any vehicle or concealed on or
about his person 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; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind designed,
used or intended for use in silencing the report of any firearm; or
(7) Sells, manufactures, purchases, possesses or carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which shoots, is
designed to shoot, or can be readily restored to shoot,
automatically more than one shot without manually reloading by
a single function of the trigger, including the frame or
receiver of any such weapon, or sells, manufactures, purchases,
possesses, or carries any combination of parts designed or
intended for use in converting any weapon into a machine gun,
or any combination or parts from which a machine gun can be
assembled if such parts are in the possession or under the
control of a person;
(ii) any rifle having one or more barrels less than 16
inches in length or a shotgun having one or more barrels less
than 18 inches in length or any weapon made from a rifle or
shotgun, whether by alteration, modification, or otherwise, if
such a weapon as modified has an overall length of less than 26
inches; or
(iii) any bomb, bomb-shell, grenade, bottle or other
container containing an explosive substance of over one-quarter
ounce for like purposes, such as, but not limited to, black
powder bombs and Molotov cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or taser or
other deadly weapon in any place which is licensed to sell
intoxicating beverages, or at any public gathering held pursuant to
a license issued by any governmental body or any public gathering at
which an admission is charged, excluding a place where a showing,
demonstration or lecture involving the exhibition of unloaded
firearms is conducted; or
(9) Carries or possesses in a vehicle or on or about his
person any pistol, revolver, stun gun or taser or firearm or
ballistic knife, when he is hooded, robed or masked in such manner
as to conceal his identity; or
(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.
A "stun gun or taser", as used in this paragraph (a) means (i)
any device which is powered by electrical charging units, such as,
batteries, and which fires one or several barbs attached to a length
of wire and which, upon hitting a human, can send out a current
capable of disrupting the person's nervous system in such a manner
as to render him incapable of normal functioning or (ii) any device
which is powered by electrical charging units, such as batteries,
and which, upon contact with a human or clothing worn by a human,
can send out current capable of disrupting the person's nervous
system in such a manner as to render him incapable of normal
functioning; or
(11) Sells, manufactures or purchases any explosive bullet.
For purposes of this paragraph (a) "explosive bullet" means the
projectile portion of an ammunition cartridge which contains or
carries an explosive charge which will explode upon contact with the
flesh of a human or an animal. "Cartridge" means a tubular metal
case having a projectile affixed at the front thereof and a cap or
primer at the rear end thereof, with the propellant contained in
such tube between the projectile and the cap; or
(12) (Blank).
(b) Sentence. A person convicted of a violation of subsection
24-1(a)(1) through (3), subsection 24-1(a)(5), subsection 24-1(a)(8), or
subsection 24-1(a)(11) commits a Class A misdemeanor. A person
convicted
 
I

IllinoisGuy

Guest
So what is minimum and maximum sentencing for a class 4 felony?

How about a class A misdemeanor?

Thanks for the info!
 

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