CCW Training Part 2 - conceal and carry chicago

Report
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 .

similar documents