IL Unlawful Use of Weapon

IL Unlawful Use of Weapon

This is a discussion on IL Unlawful Use of Weapon within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Anyone know anything about this? From 720 ILCS 5/24-1 Says this would be unlawful use of weapon, class 4 felony. Don’t see exception for ccl....

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    Member Array siucoz's Avatar
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    IL Unlawful Use of Weapon

    Anyone know anything about this? From 720 ILCS 5/24-1
    Says this would be unlawful use of weapon, class 4 felony. Don’t see exception for ccl.
    IL Unlawful Use of Weapon-931c30ed-fa45-44ff-8741-fd554d98f186.png

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    VIP Member Array jmf552's Avatar
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    IL restricts carry, even with a CCL, in any 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. Of course, you have to guess about the establishment. I doubt they post what their sales numbers are. I would imagine a restaurant would be pretty safe, but a bar would not be. Carry is also restricted public gatherings or special events open to the public and locations that have been issued special liquor licenses.
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    VIP Member Array Hoganbeg's Avatar
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    This, from handgunlaw.us, may be helpful: http://www.handgunlaw.us/states/illinois.pdf

    [It's multiple pages so I'll just give the address.]

    "Places Off-Limits Even With a Permit/License 430 ILCS 66/65
    Prohibited Areas.
    (a) A licensee under this Act shall not knowingly carry a firearm on or into: ..."
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    Senior Member Array OneGunTX's Avatar
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    Pretty much the same language as in the IL FCCA. Look at 430 ILCS 66/65:

    (9) 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.
    430 ILCS 66 is the Illannoy Firearm Concealed Carry Act
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    Member Array siucoz's Avatar
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    I know what the ccl act says, but it this section of the criminal code doesn’t make an exception for ccl holders.

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    Distinguished Member Array RedSafety's Avatar
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    Quote Originally Posted by siucoz View Post
    I know what the ccl act says, but it this section of the criminal code doesn’t make an exception for ccl holders.
    Nope, they want you dead when a criminal starts shooting up the bar or public gathering.
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    The highlighted portion of the law would make it illegal to carry in a supermarket that sells alcoholic beverages. Can I assume that the section quoted defining "if more than 50% of the establishment's sales..." was added to clarify that all encompassing yellow-highlighted section of the law? And it does seem that it is illegal to carry in a liquor or wine store.

    We are not going to Illinois in any case, but just wondered.
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    VIP Member Array CDW4ME's Avatar
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    The way that is worded, "in any place which is licensed to sell" appears to prohibit Wal-Mart or a gas station that sells alcohol.
    If that is so, ridiculous.
    I'm not inclined to disarm for a concert, game, (entertainment) and I ain't going on a plane or cruise.
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    Senior Member Array OneGunTX's Avatar
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    Quote Originally Posted by siucoz View Post
    I know what the ccl act says, but it this section of the criminal code doesn’t make an exception for ccl holders.
    Ask Molly B over at IllinoisCarry.com. This has been discussed over there.

    The law is that you cannot carry a place that serves spirits. In Illannoy, you cannot carry in a public park. The State of Illannoy is convinced criminals obey no gun signs.


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    Distinguished Member Array GpTom's Avatar
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    Yes that is the law in Illinois. Any place that depends on alcohol for over 50% of its gross income is considered off limits for firearms. That is what we were taught in the concealed carry class. If you are going out drinking you better not take the gun in with you. I am sure that supermarkets make more money from food than liquor. Instructor told some B.S. story about being in a bar when some guys he knew came in and yelled "Hey! Swats here" said he had to leave because he had his gun on him. Like it was okay to break the law as long as nobody knew that he was.
    Just to set it straight this is only for places that make 50% or more of their income from selling liquor. Not that hard to figure out.

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    Bars in Texas that derive 51% or more of their receipts from alcohol sales have to prominently post a state approved 51% sign designating them as a free fire zone for criminals.

    It does not apply to restaurants with bars (Chili's, Appleby's, etc.) - unless they have really bad food. Texas LTC holders supposedly may have a drink while carrying in the latter establishments if they are "not impaired" (whatever that means, so it is up for interpretation).
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    Senior Member Array Illusive Man's Avatar
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    I also believe that there is a difference between a business that serves alcohol and business that sales it. Walmart sales alcohol, but it is not served and consumed on the premises.
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    Senior Member Array OneGunTX's Avatar
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    Quote Originally Posted by Illusive Man View Post
    I also believe that there is a difference between a business that serves alcohol and business that sales it. Walmart sales alcohol, but it is not served and consumed on the premises.
    See post #4. The verb in the statute is "serves", not sell.

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    The confusion here comes from not reading the law as written. The question that the OP raised from what he highlighted in the law referenced was already answered in the law which he picked his question out of.

    720 ILCS 5/24-1, when Googled, gives you the law he cut from. When you read that law, you'll find this part that I cut from the same law:


    " (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:



    (i) are broken down in a non-functioning state; or
    (ii) are not immediately accessible; or
    (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or



    (iv) are carried or possessed in accordance with
    the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act; or..."

    So the person carrying concealed legally has already been exempted before they mention a place that SELLS alcohol, as the OP highlighted...when you read the law as written.

    Same in TX...it's a felony to carry a handgun into a place where alcohol is SOLD...UNLESS you have a carry permit.

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    Senior Member Array Illusive Man's Avatar
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    I know. That is what I was trying to point out (not very well, obviously).
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