Friend arrested in Illinois

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  • ZWolf

    Plinker
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    0   0   0
    Jan 15, 2011
    48
    8
    A friend of mine forgot that Illinois doesn't recognize an IN LTCH and was arrested because he had his pistol with him when he was pulled over for speeding.

    Neither I nor he know much about Illinois law, what we want to know is 1. Will he be charged with a misdemeanor or a felony? 2. Will he ever be given back the possession of his pistol? And 3. Is there anything he can do?

    EDIT: Not sure if this is the correct area to post, if not then would a Mod please move it to the appropriate sub-forum.
     

    rnmcguire

    Sharpshooter
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    6   0   0
    Feb 3, 2011
    649
    18
    Plainfield, IN
    Another question I would have was why did the firearm even come into play if he was just pulled over for speeding? Unless he volunteered the information a search warrant or probable cause for something specific would be required in order to search the vehicle.
     

    ZWolf

    Plinker
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    0   0   0
    Jan 15, 2011
    48
    8
    He said he was in Carmel, Illinois but I will double check with him. I don't currently know how they found the pistol, I do know he has informed officers of him carrying when he was pulled over another time in IN. He was arrested a few hours ago and I'm working on getting the whole story. I will likely have the full story by tomorrow if small details are really necessary.
     

    Tebow

    Sharpshooter
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    0   0   0
    Jul 13, 2011
    306
    16
    Whiting, IN
    Hope everything works out ok for your friend. But forgetting Illinois doesn't recognize our LTCH is like forgetting that the sky is blue or grass is green, it just shouldn't happen. My situational awareness kicks into overdrive whenever I'm driving close to the state lines.
     

    SideArmed

    Master
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    3   0   0
    Apr 22, 2011
    1,739
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    Man, that sucks for your friend. Looks like is facing a possible felony charge.
    Unless specifically exempted from UUW, a person commits a Class 4 Felony if he or she violates the UUW law
    in the Criminal Code (i.e., unlawfully carries on their person or illegally transports a firearm in a vehicle) AND
    one or more of the following aggravating factors apply:
    (1) The firearm possessed was uncased, loaded, and immediately accessible at the time of the offense;
    (2) The firearm possessed was uncased, unloaded, and the ammunition for the weapon was immediately
    accessible at the time of the offense;
    (3) Does not have a valid FOID card;
     

    linkinpark9812

    Plinker
    Rating - 100%
    1   0   0
    May 15, 2009
    118
    16
    Lake County, Town of Munster
    Ouch. Class 4 Felony. Goodbye IN LTCH. :(

    He MIGHT get lucky. This happened to a friend of mine. Left it in his glove box, officer saw it when he got his registration. He was arrested, but was released at the station. No charges, they told him that he needs to know the laws in their state.

    So he got REAL lucky, and I am glad the department let him off since he had a LTCH. While he could still be charged, I am glad they recognized his 2A right.

    Regardless, if you don't like the law, get it changed. Don't break it to prove a point and make SURE you don't have your FIREARM ON YOU when you enter Illinois.

    And ya, I am not sure how you FORGET about that. Makes me wonder if he should have a gun on him (or my friend for that matter).
     

    ZWolf

    Plinker
    Rating - 0%
    0   0   0
    Jan 15, 2011
    48
    8
    Said friend has only had his LTCH for a short time and hadn't fully familiarized himself with the law of surrounding states, and from the looks of it he committed a class four felony. Thanks for the info, it may not have helped the situation but at least we know what he's dealing with.

    linkin I'm glad that things worked out for your friend, but sadly it doesn't look good for mine since he tends to carry on his person.
     

    linkinpark9812

    Plinker
    Rating - 100%
    1   0   0
    May 15, 2009
    118
    16
    Lake County, Town of Munster
    Hope everything works out ok for your friend. But forgetting Illinois doesn't recognize our LTCH is like forgetting that the sky is blue or grass is green, it just shouldn't happen. My situational awareness kicks into overdrive whenever I'm driving close to the state lines.

    I live in Munster. You have to be careful on the residential roads, as there are no signs that directly state you are crossing into IL. In fact, I literally work on state line. Walking a few feet off the property of my workplace and I am in IL. I would ALWAYS be careful when nearing the state line.
     

    jsharmon7

    Grandmaster
    Rating - 100%
    119   0   0
    Nov 24, 2008
    7,821
    113
    Freedonia
    What a sad story. On one hand, your friend REALLY should have checked the laws before entering Illinois. That was a really stupid mistake. On the other hand, this man will now have a felony on his record for crossing a line. This side of the line: you're good to go. That side of the line: you go to jail with a felony on your record. Hopefully somebody here will learn from this at least and won't make the same mistake. :twocents:
     

    Steelman

    Expert
    Rating - 100%
    3   0   0
    Jun 21, 2008
    904
    16
    Danville, IN
    I bet your friend is in Mt. Carmel, IL which is just a hair on the Illinois side. Since they're so close to the state line, this is probably a common occurrence.

    Tell him to get a lawyer and shut up.


    I've heard of Indiana folks basically walking away on "No FOID" and "Unlawful Use of Weapon" charges in Illinois. If he's that lucky they'll confiscate and destroy anything related to firearms seized during the stop and give him a year of court supervision. YMMV
     

    rnmcguire

    Sharpshooter
    Rating - 100%
    6   0   0
    Feb 3, 2011
    649
    18
    Plainfield, IN
    It's scary as hell that there are places like Illinois that completely thumb their nose at the United States Constitution. What's even scarier is they get away with it. I have family that live just on the other side of the Mississippi river. I used to wonder why nobody lived in Illinois until I learned more about the place. I always heard that "just outside the state of Chicago is the town of Illinois".:noway:
     
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