Illinois CCW Training Federal and State Laws (Effective as of 5/23/2014) Goals of this Section • To provide the student with a working knowledge of the State of Illinois’ Conceal Carry laws • To provide the student with a working knowledge of firearm law in Illinois as they pertain to Illinois’ Conceal Carry laws • To ensure that all students understand the law and know how to act within its bounds when carrying a concealed weapon. Topics Covered • • • • • • Illinois CCW history Requirements of legal ownership of firearms Requirements of legal storage of firearms Requirements of legal transportation of firearms Reciprocity (430 ILCS 66/) Illinois Firearm Concealed Carry Act and its key portions including – Interactions with law enforcement officials – State of Illinois and Federally defined gun free zones • Use of Force in the State of Illinois The History • District of Columbia v. Heller - 2008 – landmark decision in which the Supreme Court of the United States held in a 5-4 decision that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense within the home and within federal enclaves. • McDonald v. Chicago – 2010 – is a landmark decision of the Supreme Court of the United States ruling that the Second Amendment of the US Constitution applies to the individual states. The History • On December 11, 2012 the U.S. Court of Appeals, 7th Circuit, in Moore v. Madigan that the Illinois ban on concealed carry was unconstitutional The History • The 7th Circuit provided the State of Illinois 180 days from the date of the ruling to appeal to the SCOTUS or pass concealed carry legislation • On July 9th 2013 the Illinois State legislature overrode Governor Quinn’s veto and passed 430 ILCS 66, the Firearm Conceal Carry Act Ownership Requirements for Handguns in Illinois • • • • Be at least 21 years old No felony convictions. No addiction to narcotics. Has not been a patient in a mental hospital in the preceding five years • Is not mentally retarded. • Is not an alien who is unlawfully present in the United States. Ownership Requirements for Handguns in Illinois • You may not be subject to an existing order of protection prohibiting the possession of a firearm. • You have not been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed. • You have not been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998. • You have not been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998. Transportation Requirements for Firearms in Illinois • If you are an Illinois resident, you must be in possession of a valid F.O.I.D. (Firearm Owner's Identification) card obtained through the Illinois State Police. • The firearm must be completely unloaded. • The firearm must be completely enclosed in a case designed to carry a firearm. • The unloaded and cased firearm must not be immediately accessible. • If you have a valid Illinois Concealed Carry Permit, you may carry a loaded firearm on your person or have one accessible to you while in your vehicle. Storage Requirements for Firearms in Illinois • According to Illinois State Law (720 ILCS 5/24-9 ) firearms must be secured in your home if you have reason to believe a minor under the age of 14 who does not have a valid FOID card is likely to gain access to the firearm without the lawful permission of that child's parent or legal guardian. • Appropriate ways to secure a firearm – a device or mechanism, other than its safety, designed to render it inoperable (a trigger lock or barrel cable lock) – a locked container (safe, strongbox, or the guns case so long as there is a padlock on it) – Any location that a reasonable person would believe it is secure from a minor under the age of 14 Unlawful Use of Weapons • Unlawful Use of Weapons as per 720 ILCS 5/24-1 – 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 or other knuckle weapon regardless of its composition, 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, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions: Federal Firearm Laws U.S. FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE, TITLE 18, CHAPTER 44 – FIREARMS: Title 18 Chapter 44 - 922 Unlawful acts (a) (6) Straw Purchase (a) (3) Unlawful transport of firearm by non-licensed dealer, importer , manufacturer, or collector (d) (1) – (9) Unlawful transfer of a firearm to restricted person (g) (1) – (9)Unlawful Possession of a firearm by restricted person (q) (2) (A) Unlawful possession of a firearm in a school zone Federal Firearm Laws – Straw Purchase What is a “straw purchase? • Knowingly make or furnish a false or fictitious oral or written statement or misrepresented identification intending to deceive with respect to purchasing a firearms Federal Firearm Laws – Transportation • Interstate transportation of a firearm for lawful purpose is allowed if: – The transporter is not a restricted person – The firearm is not a restricted firearm 27 CFR, Part 478.28 & 36. – Cannot transport to engage in business unless an FFL 18 U.S.C. 922 (a) (1- 4) – Firearm must be unloaded – Ammunition and firearm not readily accessible or directly accessible from the passenger compartment unless in a locked container excluding glove box or console. Federal Firearm Laws – Transfer • Cannot sell to anyone outside your state of residency • No registration required, Only transactions at the FFL dealership are registered • Cannot sell to anyone under 18 years of age • Suggest that a non-licensed sale include a bill of sale between parties to prove the transfer Federal Firearm Laws – Possession • • • • • • • • • Conviction of punishable by term exceeding one year Fugitive from justice Unlawful user of controlled substance Adjudicated mentally defective Illegal or unlawful in the U.S. Dishonorable discharge from the armed forces Renounced citizenship in the U.S. Protective order Conviction of misdemeanor crime of domestic violence Federal Firearm Laws – Schools 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises -- Penalties. (1) As used in this section, "on or about school premises" means: (a) (i) in a public or private elementary or secondary school; or (ii) on the grounds of any of those schools; (b) (i) in a public or private institution of higher education; or (ii) on the grounds of a public or private institution of higher education; (iii) (A) inside the building where a preschool or child care is being held, if the entire building is being used for the operation of the preschool or child care; (B) if only a portion of a building is being used to operate a preschool or child care, in that room or rooms where the preschool or child care operation is being held. (2) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in this section. Illinois Firearm Concealed Carry Act 430 ILCS 66 • Minimum requirements for an applicant – At least 21 years old – Has a FOID card a currently meets the requirements for a FOID card – Has not been convicted of the following in Illinois or any other jurisdiction: • A misdemeanor involving the use or threat of physical force or violence to any person within the 5 years preceding the date of the license application • Two or more violations related to driving while under the influence of alcohol, other drug or drugs – Is not the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification to own or possess a firearm – Has not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the date of the license application – Completes this course Illinois Firearm Concealed Carry Act 430 ILCS 66 • "Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle. • A “firearm” is not the following: stun gun, short barrel rifle or shotgun, air gun, paintball gun, spear gun, BB gun. You cannot lawfully carry these with a CCW permit. Illinois Firearm Concealed Carry Act 430 ILCS 66 • A “concealed firearm" also means whatever firearm you choose to carry must be “concealed” (sounds simple, right?) • The law defines the required way to carry concealed as follows: – carry a loaded or unloaded concealed firearm, fully concealed or partially concealed, on or about his or her person • But what does this mean for you? Illinois Firearm Concealed Carry Act 430 ILCS 66 • It means that while you think you are in compliance with the law you might not be. • Error on the side of caution until clarification is provided by the ISP • Some carrying options will provide full concealment: fanny packs, purse, bra holster, brief case, backpack, ankle holster, conceal carry vest, under the waist holster with an untucked shirt, and jacket holsters are just some of the options to provide full concealment. • Unfortunately not all of these will be right depending on the time of the year! • In short, this is one of the gray areas of the law. Act conservatively until the ISP provides additional guidance. Illinois Firearm Concealed Carry Act 430 ILCS 66 • During the application process the Illinois State Police will verify and investigate the following – – – – – – – Your age, must be 21 or older No outstanding warrants Criminal background check including juvenile records Eligible for a FOID Card and possess a FOID card Mental health records Domestic violence orders Objections from local law enforcement Interaction with Law Enforcement • From 430 ILCS 66 section 10 h – If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee who is carrying a concealed firearm, upon the request of the officer the licensee shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, present the license upon the request of the officer, and identify the location of the concealed firearm. Interaction with Law Enforcement • What 430 ILCS 66 section 10 h means for you: – If approached by a law enforcement official (State Police, Deputy Sherriff, Local Police, FBI, Forest Preserve police, etcetera) at a traffic stop, DUI roadblock, while out for a walk, during an investigative call to you home or any other interaction you are legally required to inform them that you are carrying a concealed firearm if asked. – This is known as Duty to Inform – You are also legally required to provide them your CCW permit and tell them, NOT SHOW THEM, where on your person or in your vehicle you are carrying – Follow their instructions beyond that point to the letter. Tips on how to Handle a Traffic Stop • Hand Conceal Carry Permit to officer with Drivers License •After he looks at it let him know where the fire arm is located and ask him if he has any specific directions. •Keep hands on steering wheel when possible • Do not use the words “I have a gun!” Carrying Under the Influence • From 430 LCS 66/70 Section 70, Violations – (d) A licensee shall not carry a concealed firearm while under the influence of alcohol, other drug or drugs, intoxicating compound or combination of compounds, or any combination thereof, under the standards set forth in subsection (a) of Section 11-501 of the Illinois Vehicle Code. • • • • • • While 11-501 of the IVC states a BAC of .08 is the threshold for a DUI, law enforcement in Illinois may arrest and the State’s Attorney may prosecute for any BAC level in excess of .00 depending on the circumstance. Carrying under the influence is a Class A misdemeanor The penalty is up to a year in jail for a first or second violation. A third or subsequent violation is a Class 4 felony (punishable by up to 1-3 years in prison). What this means for you: DO NOT DRINK IF YOU ARE GOING TO CARRY A CONCEALED FIREARM. Any amount of cannabis or any other illicit drug present in an individuals body may be classified as carrying under the influence. This also includes prescription medication, just because you have a prescription for a controlled substance does not mean you can carry while on it! Carrying Under the Influence * This is only provided to illustrate the average individuals metabolic uptake rate for alcohol. This card is not specific and should not be relied upon as representative for any one individual Gun Free Zones – State of Illinois • The Illinois Firearm Concealed Carry Act has defined places where a licensee may not carry a concealed weapon. • In most cases, gun free zones do not extend to the parking lots of the prohibited areas as long as the firearm is secured within the vehicle or public right of ways through these areas. • Exceptions to this are noted in the following slides • These areas as defined by the law are as follows: Gun Free Zones – State of Illinois • Schools – Any building, real property, and parking area under the control of a pre-school or child care facility, including any room or portion of a building under the control of a pre-school or child care facility. Nothing in this paragraph shall prevent the operator of a child care facility in a family home from owning or possessing a firearm in the home or license under this Act, if no child under child care at the home is present in the home or the firearm in the home is stored in a locked container when a child under child care at the home is present in the home. Gun Free Zones – State of Illinois • State government buildings – Any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government, provided that nothing in this paragraph shall prohibit a licensee from carrying a concealed firearm onto the real property, bikeway, or trail in a park regulated by the Department of Natural Resources or any other designated public hunting area or building where firearm possession is permitted as established by the Department of Natural Resources under Section 1.8 of the Wildlife Code. Gun Free Zones – State of Illinois • Courthouses – Any building designated for matters before a circuit court, appellate court, or the Supreme Court, or any building or portion of a building under the control of the Supreme Court. Gun Free Zones – State of Illinois • Local government building – Any building or portion of a building under the control of a unit of local government. Gun Free Zones – State of Illinois • Prisons and jailhouses – Any building, real property, and parking area under the control of an adult or juvenile detention or correctional institution, prison, or jail. Gun Free Zones – State of Illinois • Hospitals, nursing homes and mental health institutes – Any building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, or nursing home. Gun Free Zones – State of Illinois • Public Transit – Any bus, train, or form of transportation paid for in whole or in part with public funds, and any building, real property, and parking area under the control of a public transportation facility paid for in whole or in part with public funds. Gun Free Zones – State of Illinois • Bars (must derive more than 50% of its income from alcohol) – Any building, real property, and parking area under the control of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol. The owner of an establishment who knowingly fails to prohibit concealed firearms on its premises as provided in this paragraph or who knowingly makes a false statement or record to avoid the prohibition on concealed firearms under this paragraph is subject to the penalty under subsection (c-5) of Section 10-1 of the Liquor Control Act of 1934. Gun Free Zones – State of Illinois • Special events requiring permits (Taste of Chicago, Blues fest, Naperville’s Ribfest) – Any public gathering or special event conducted on property open to the public that requires the issuance of a permit from the unit of local government, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access his or her residence, place of business, or vehicle. Gun Free Zones – State of Illinois • Public parks, public playgrounds, or public athletic fields – Any public park, athletic area, or athletic facility under the control of a municipality or park district, provided nothing in this Section shall prohibit a licensee from carrying a concealed firearm while on a trail or bikeway if only a portion of the trail or bikeway includes a public park. Gun Free Zones – State of Illinois • Cook County Forest Preserves – Any real property under the control of the Cook County Forest Preserve District. Gun Free Zones – State of Illinois • Colleges and Universities – Any building, classroom, laboratory, medical clinic, hospital, artistic venue, athletic venue, entertainment venue, officially recognized university-related organization property, whether owned or leased, and any real property, including parking areas, sidewalks, and common areas under the control of a public or private community college, college, or university. Gun Free Zones – State of Illinois • Gambling establishments (casino, horse track, OTB) – Any building, real property, or parking area under the control of a gaming facility licensed under the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975, including an inter-track wagering location licensee. Gun Free Zones – State of Illinois • Stadiums – Any stadium, arena, or the real property or parking area under the control of a stadium, arena, or any collegiate or professional sporting event. • Libraries – Any building, real property, or parking area under the control of a public library Gun Free Zones – State of Illinois • Airports (includes municipal) – Any building, real property, or parking area under the control of an airport. • Amusement Parks, zoos and museums. – Any building, real property, or parking area under the control of an amusement park. Any building, real property, or parking area under the control of a zoo or museum. Gun Free Zones – State of Illinois • Nuclear facilities – Any street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission. The licensee shall not under any circumstance store a firearm or ammunition in his or her vehicle or in a compartment or container within a vehicle located anywhere in or on the street, driveway, parking area, property, building, or facility described in this paragraph. Gun Free Zones – State of Illinois • Parking lot exemption – Any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicles trunk , provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. This exception does not apply to any area where firearms are prohibited under federal law or to property regulated by the federal Nuclear Regulatory Commission. – The law allow for you to carry your concealed weapon in a prohibited area while in your vehicle. – You may also exit your vehicle with your concealed weapon so long you unload it prior to exiting the vehicle and for the sole purpose of securing your unloaded firearm in your trunk. – A firearm may also be secured in your vehicle in a prohibited area provided it is unloaded and securely stored in a locked container such as a glove compartment or locked center console. – Motorcycle saddlebags are also acceptable so long as the firearm can be secured. – This exception does not apply to nuclear facilities. Gun Free Zones – State of Illinois • Pass through exemption – The law also allows for you to carry your concealed weapon within a prohibited area so long as you are traveling along a public right of way that touches or crosses the prohibited area. – This exception does not apply to nuclear facilities. Gun Free Zones – State of Illinois • Private establishments may prohibit concealed carry within their establishments. • The Illinois State Police has approved the following standardized 4” x 6” sign to indicate a prohibited carry location • This must be conspicuously posted at all locations where CCW is prohibited by the Illinois Firearm Concealed Carry Act Gun Free Zones – State of Illinois • What about private property – grocery stores, department stores, restaurants, etcetera – The owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The owner must post a sign in accordance with subsection (d) of this Section indicating that firearms are prohibited on the property, unless the property is a private residence • The penalty for carrying a conceal firearm into any private establishment or business carries the same penalties as carrying areas specifically prohibited by the law. Gun Free Zones – State of Illinois • Carrying in a prohibited area is a Class B misdemeanor for a first violation and a Class A misdemeanor for a second or subsequent violation. • A second violation can result in a suspension of a license (up to 6 months) and 3 or more violations could result in a permanent revocation. • An Illinois conceal carry permit holder who is eligible to carry a concealed weapon under the act who carries in a gun free zone will be subject to the penalties laid out under the ICCWA and not the Unlawful Use of Weapons statute • When in doubt, do not take it in. Gun Free Zones – State of Illinois • What about your employer? – The Illinois law does not address the rights and obligations of "employers" with respect to CCW unless that employer falls under the specific categories listed above – It is “probable” that an employer cannot bar you from keeping a concealed firearm in your personal vehicle – It is uncertain whether or not an employer can legally force as a condition of employment restrictions on where an employee may or may not possess a concealed firearm while at work Gun Free Zones – State of Illinois • What about your employer? – Check with your employee handbook to see if these issues are specifically addressed – If they are not addressed its up to you to clarify the issue with your HR department Reciprocity Between States • Currently, Illinois recognizes no other state’s CCW permit holders. • States that currently (as of 06/01/2014) recognize Illinois CCW permit holders: – Alabama, Arizona, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Mississippi, Missouri, North Carolina, Oklahoma, South Dakota, Tennessee, Utah, Vermont, and now Wisconsin. Reciprocity Between States Illinois Firearm Concealed Carry Act Recap • A concealed firearm must be concealed! • Many areas are classified as prohibited for conceal and carry. Know these areas before you carry. • Duty to inform LEO’s when asked • duty to inform requirements differ from state to state, know the laws before you travel! • Reciprocity changes constantly, verify before you carry out of state • Duty to inform law enforcement when firearms are stolen or lost. • Store firearms safely, keep them away from unauthorized individuals. Use of Force in Illinois - 720 ILCS 5/7 1 • Forcible Felony as per 720 ILCS 5/2-8 – Sec. 2-8. "Forcible felony". "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual. Use of Force in Illinois • The laws relating to use of force in Illinois detail what measures an individual may take to protect themselves from an aggressor. • According to Illinois state law, an aggressor may never be a law enforcement officer acting in his official capacity. Use of Force in Illinois - 720 ILCS 5/7 2, Property • Sec. 7-3. Use of force in defense of other property. • (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony. • (b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct. Use of Force in Illinois - 720 ILCS 5/7 2, Property • Can you use ordinary force do defend property – Yes • Can You use lethal force to defend property – NO! – Only if you have a reasonable belief of an imminent and grave threat to your life Use of Force in Illinois - 720 ILCS 5/7 2 • Use of force in defense of dwelling – (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if: • (1) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or • (2) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling. Use of Force in Illinois - 720 ILCS 5/7 2 • What exactly does the state consider a “dwelling” • Dwelling as per 720 ILCS 5/2-6 – Sec. 2-6. "Dwelling". (a) Except as otherwise provided in subsection (b) of this Section, "dwelling" means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence. (b) For the purposes of Section 19-3 of this Code, "dwelling" means a house, apartment, mobile home, trailer, or other living quarters in which at the time of the alleged offense the owners or occupants actually reside or in their absence intend within a reasonable period of time to reside. Use of Force in Illinois - 720 ILCS 5/7 2 • What qualifies someone as an aggressor? • Aggressor as per 720 ILCS 5/7-4 – Sec. 7-4. Use of force by aggressor. The justification described in the preceding Sections of this Article is not available to a person who: (a) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or (b) Initially provokes the use of force against himself, with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or (c) Otherwise initially provokes the use of force against himself, unless: (1) Such force is so great that he reasonably believes that he is in imminent danger of death or great bodily harm, and that he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or (2) In good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force. Use of Force in Illinois - 720 ILCS 5/7 1 • What does this mean to you. • You have the legal right in the State of Illinois to defend your home and all those who reside in it. • You do not have a “duty to retreat” in your home and you may confront an intruder • If you have a reasonable belief that a trespasser poses an imminent threat to you or anyone under your care or they are in the commission of a forcible felony, you have the legal right to use any level of force up to and including lethal force against that individual • This is commonly referred to as “The Castle Doctrine” Use of Force in Illinois - 720 ILCS 5/7 1 • Use of force to protect yourself – A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony. Use of Force in Illinois - 720 ILCS 5/7 1 • So what does this mean to you? • In Illinois, the law allows you to use force to defend yourself in proportion to the threat • The law allows for the use of necessary and proportionate, non-deadly force in self-defense anytime the victim reasonably believes that unlawful force is about to be used on him • a fistfight between two comparable sized individuals for example Use of Force in Illinois - 720 ILCS 5/7 1 • The law also allows for the use of deadly force in selfdefense anytime the victim reasonably believes that his or someone else is under imminent threat of great bodily injury or death or to stop the commission of a forcible felony • An “imminent threat” is one that is present and immediate • Proportionality in the use of force is a key to understanding what level of force you can and cannot legally use. • Any justifiable use of force indemnifies you from civil action and may be used as an affirmative defense in court Use of Force in Illinois - 720 ILCS 5/7 1 • The law also allows for the use of deadly force in selfdefense anytime the victim reasonably believes that his or someone else is under imminent threat of great bodily injury or death or to stop the commission of a forcible felony • An “imminent threat” is one that is present and immediate • Proportionality in the use of force is a key to understanding what level of force you can and cannot legally use. • Any justifiable use of force indemnifies you from civil action and may be used as an affirmative defense in court Use of Force in Illinois To Simplify when it is ok to use your firearm. When you are scared. When you are scared and mad. Never when you are just mad. Reasonable Belief • Reasonable Belief – The concept of reasonable belief has both objective and subjective elements also know as aggravating and mitigating factors – These aggravating and mitigating factors (objective) include • • • • Age differences between the two parties Physical differences between the two parties Numerical differences between the two parties If the aggressor is armed with any weapon or an item that could be used as a weapon • A known history of violence of the aggressor Reasonable Belief • Based on these aggravating and mitigating factors, a subjective determination is made by the states attorney based on police reports whether or not the individual who used force had a “reasonable belief” that they were in imminent danger of great bodily injury or death. Great Bodily Harm • A bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury. Great bodily harm is the most serious injury possible without causing death. • Great bodily harm is more serious than “Serious Bodily Harm” which is “bodily injury that causes a laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a bruise; a temporary loss of consciousness, sight or hearing; a concussion; or a loss or fracture of a tooth Use of Force Recap • You must reasonably believe that deadly force is necessary before you can use it • You can only use deadly force if no other reasonable option is available • You are not expected to make unreasonable or ineffective attempts to stop an assault • Deadly force should only be used as a last resort Use of Force Recap • You do not shoot kill, you shoot to STOP the threat. • You must stop shooting when the threat has ceased • Chasing your assailant to continue the fight is NOT SELF DEFENSE • Situational awareness is key to avoiding a conflict and to succeeded when a conflict is unavoidable • The best outcome is one where you never need to use force • If force is used the best outcome is one where you end the threat in a legal and lawful manner. Firearm Laws – Federal and State • Laws change continually • It is your responsibility to keep current on changes and ensure you stay complaint!! • There are smart phone apps out there. Brandishing Your Firearm • Brandishing is a two part situation. The Action and the reaction. You must remove the firearm from the holster and their reaction. • You must be sure you can prove your reason to brandishing in order to avoid assault charges. • It is best not to brandish unless you intend to fire your firearm in self defense. Self Defense Example 1 • A traffic altercation escalates from a verbal conflict to the other individual exiting his vehicle • The other motorist yells at you and demands you to exit your vehicle • What if he doesn’t appear to be armed? • What if he grabs a shovel from the bed of his truck? • What actions can you legally take? Self Defense Example 2 • You catch someone in your home late at night robbing your home • What level of force, if any, do you have the legal right to use? • What if he runs when confronted by you? • What if he freezes when confronted by you? • What if he does not appear to be armed? • What if instead of your home you catch someone in your garage? Does it matter if its an attached or detached garage? Self Defense Example 2 • You catch someone in your home late at night robbing your home • What level of force, if any, do you have the legal right to use? • What if he runs when confronted by you? • What if he freezes when confronted by you? • What if he does not appear to be armed? • What if instead of your home you catch someone in your garage? Does it matter if its an attached or detached garage? Self Defense Example 3 • Someone demands money from you or demands to have your phone or bag. • What if they are physically much smaller than you? • If physically smaller, they also have two friends with them? • What if they push or shove you after making the verbal threat Self Defense Examples Self Defense Examples • If you have time to think about your decision to use lethal force and the decision does not seem immediately clear, you probably shouldn’t use it!! What to do after an incident • If the threat is no longer immediate secure your firearm • Its your obligation under the law to render aid – a call to 911 satisfies this • Stay on the phone with the police until they arrive • Follow the instructions of the responding officer to the letter once they arrive • Point out witnesses and evidence to the responding officers • Do not assume you will be viewed as the “good guy”, initially you are a suspect Odds and Sods • The law specifically protects against dissemination of CCW holder information • You do not need to perform a background check for your application, that’s the ISP’s responsibility. However, they have incentivized us to obtain these background checks by giving priority to applicants who get them. • Currently, the permit is good for 5 years at which time you will need to take another 3 hour refresher course and submit to another background check. Apply for renewal early. • Change of address or name has to be reported to the ISP immediately. Odds and Sods • If you lose your permit change your name or move, expect to pay $75 for a new one. • The ISP is responsible for sorting out whatever is left unsaid in the law. If you don’t like something, lobby them or your state representative directly to have it changed!!! • If you are rejected for a CCW, you have the right to both an administrative hearing and judicial review. To Apply • First, you will need a Illinois Digital signature ID (the only browser supported is IE) • http://www.illinois.gov/bccs/services/catalog/security/PKI/ SitePages/newuser.html • This is where you will apply for your CCW, you will use your Illinois Digital signature ID for your login and password. • https://ccl4illinois.com/ccw/public/home.aspx • For those of you who want to do the electronic background check, these are the place where you can get one: • http://www.isp.state.il.us/docs/livescanfpvendlst.pdf • You will need to upload a digital picture of yourself and the certificate you will receive upon completion of this class Question and Discussion time • Ask away .