Friday, January 22, 2010

Chicago Criminal lawyer comments on Unlawful Use of Weapons charge and FOID

This Chicago Criminal lawyer will admit she was like a kid just having received her driver's license when her Firearm Owner's ID(FOID) card arrived in the mail a few weeks ago.


From Twitter:

Yes! The 2nd Amendment Rocks. This Progressive got her FOID card today. Now I want only sane & rational people to do the same-- Pull!

As she proudly showed the card to practically every sheriff in the courthouse and a few lawyers, she was surprised by the comments of a couple of lawyers. More than one lawyer said something like this , "That reminds me I need to renew my card. You know you can't be charged with a felony UUW as long as you have a valid FOID card"?

Whoa! I'll admit I wasn't thinking about being charged with any criminal offense but this caused me to take another look at the Criminal Code and sure enough, they were right.

(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except when on his or her land or in his or her 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; or
(2) Carries or possesses on or about his or her
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 or her own land or in his or her 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; and
(3) One of the following factors is present:
(A) the firearm possessed was uncased, loaded
and immediately accessible at the time of the offense; or
(B) the firearm possessed was uncased, unloaded
and the ammunition for the weapon was immediately accessible at the time of the offense; or
(C) the person possessing the firearm has not
been issued a currently valid Firearm Owner's Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the Juvenile Court Act of 1987 for an act that if committed by an adult would be a felony; or
(E) the person possessing the weapon was engaged
in a misdemeanor violation of the Cannabis Control Act, in a misdemeanor violation of the Illinois Controlled Substances Act, or in a misdemeanor violation of the Methamphetamine Control and Community Protection Act; or
(F) (blank); or
(G) the person possessing the weapon had a order
of protection issued against him or her within the previous 2 years; or
(H) the person possessing the weapon was engaged
in the commission or attempted commission of a misdemeanor involving the use or threat of violence against the person or property of another; or
(I) the person possessing the weapon was under
21 years of age and in possession of a handgun as defined in Section 24‑3, unless the person under 21 is engaged in lawful activities under the Wildlife Code or described in subsection 24‑2(b)(1), (b)(3), or 24‑2(f).

There I was simply glad that I can hold a shotgun, as a "gun girl" for my husband on an Upland bird hunt or continue to enjoy sporting clays.























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