No prosecution when caught carrying in prohibited location.

[Edaw]

In IL, every prohibited place must post an IL standard No Concealed Carry sign on every entrance. If the back door of a courthouse, school, or any other state mandated prohibited place, does not have the 4x6 sign, you cannot be legally prosecuted if you go through that door. If you enter a public park and there is no sign on the entrance. There can be no prosecution. Is anyone else's state the same way? I found it staggering that IL would not allow prosecution, but thats the way the law reads.

 

[Kujo]

In IL, every prohibited place must post an IL standard No Concealed Carry sign on every entrance. If the back door of a courthouse, school, or any other state mandated prohibited place, does not have the 4x6 sign, you cannot be legally prosecuted if you go through that door. If you enter a public park and there is no sign on the entrance. There can be no prosecution. Is anyone else's state the same way? I found it staggering that IL would not allow prosecution, but thats the way the law reads.

I'm not sure how the law reads, but I wouldn't want to make that challenge. Things are too new in IL. and I'm sure there's room for confusion and misinterpretation that could lead to an unfounded arrest.

 

[Edaw]

I completely agree with you. I just thought it was interesting, if that is the actual reading of the law, however, I have heard of several CC trainers giving people these back door methods.

 

[jmstorms]

if so, how you going to prove you came thru the ''back door''?

 

[NavyLCDR]

if so, how you going to prove you came thru the ''back door''?

Isn't it up to the state to prove you are guilty? So, wouldn't the question become, "How is the state going to prove that you did not come through an unposted entrance?" And if your testimony is correct that the entrance you came through is not posted, would that not indicate that at one time you were at least close enough to that entrance to see that it was not posted?

That being said, I don't think I would trust my defense to, "I knew the building was a prohibited place, so I looked for an entrance that was not posted to carry my gun through." ESPECIALLY if a class is required to obtain the CCW permit that is supposed to teach what the prohibited places are. To me it would seem easier just to avoid going to a prohibited place, or leave the gun behind if you did have to enter a prohibited place.

 

[festus]

You can count on illinios seeing this as both a source of income from huge fines and penalties paid to "victim relief funds" and as aconvenient way to remove gun rights from citizens with a tisk, tisk I knew you could not be trusted...followed by a complete removal of all firearms and voting rights due to a felony conviction.

 

[Paul_of_TX]

I would think that if the crooks and thieves in the IL government wrote a law with a loop hole in it then that loop hole is basically reserved for them and their kind not people like you and me. They will find a way to prosecute the everyday citizen or intimidate them into agreeing to plead to a lower charge and paying some sort of fine.

 

[tourproto]

As I have always been told, ignorance of the law is no excuse for breaking the law.

When you get your CHL (at least in Oregon) part of the written test is to know where you CANNOT take your CCW which includes courthouses etc. I cannot even imagine (in my state) taking a CCW into a courthouse, getting caught with it, and they saying "well you didn't have a sign saying I couldn't do it". Part of having a CHL is to know where you can and cannot take your weapon. To lay the blame on someone else is ridiculous and that person should have their CHL taken away.

 

[Edaw]

Well the written test that I took in IL did not have that info on it. We were taught it in class, but it was not required for the test. Also, in IL the list of places you cannot take a CCW is so enormous that our instructor told us we were good to CC in our vehicles but he wouldn't suggest it anywhere else. I'm not laying blame on anyone. Just stating the way the law reads.

They have, because of Chicago, placed such restraints on where we can carry, that I think the sign is a good thing. Go read the IL law and then come tell me you would remember every place.

I guess I could always get the license and just never carry.

 

[tourproto]

Well the written test that I took in IL did not have that info on it. We were taught it in class, but it was not required for the test. Also, in IL the list of places you cannot take a CCW is so enormous that our instructor told us we were good to CC in our vehicles but he wouldn't suggest it anywhere else. I'm not laying blame on anyone. Just stating the way the law reads.

They have, because of Chicago, placed such restraints on where we can carry, that I think the sign is a good thing. Go read the IL law and then come tell me you would remember every place.

I guess I could always get the license and just never carry.

So I found this link to your concealed carry law: Prohibited Areas And Employment Implications Under Illinois' New Concealed Carry Act - Employment and HR - United States

And you are right, it is pretty confusing. However, it does categorize "prohibited places" into 4 reasonable categories (however, the places covered by those categories are NOT reasonable IMHO...)

•Public Facilities: Buildings or portions of buildings under the control of local governments; schools; public libraries; public parks, athletic areas and athletic facilities under the control of a municipality or park district; public playgrounds; buses, trains, and other forms of public transportation; public transportation facilities; prisons and jails; buildings or areas under the control of the state legislative or executive branches of government; court buildings; property under the control of the Cook County Forest Preserve; and airports
•Institutional Buildings: Colleges and universities; hospitals; mental health facilities; and nursing homes
•Public Gathering Spaces: Public gatherings or special events open to the public that require the issuance of a license by a local government; stadiums and arenas; collegiate and professional sporting events; zoos; museums; and amusement parks
•Private Establishments and Businesses: Establishments that derive more than 50 percent of their gross receipts in the previous three months from the sale of alcohol; buildings that have been issued special event retailers' licenses or special use permits per the Liquor Control Act for the duration of time during which alcohol will be served; premises under the control of a gaming facility licensed under the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975; and areas regulated by the federal Nuclear Regulatory Commission

Reading the link, it looks like there will be a bit of a "learning curve" for the state to implement it in a way that is consistent and reasonable for people to be able to follow. Sorry for your pain in all of this. I would change my state of residence

Good luck.

 

[Edaw]

I'd appreciate you thoughts and prayers. . That's one reason I think the signs will help with the learning curve. I will see the sign on the door and think "you have got to be kidding me. This place is prohibited to?" Then walk back to my vehicle and put the CCW away.

 

[apvbguy]

if so, how you going to prove you came thru the ''back door''?

the way it works in the USA is the government accuses you of violating a law or regulation then they are obliged to PROVE their charges, you as a defendant only need to do is show a flaw in their charges, such as do they have evidence of what entrance you used.