(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
So we've found that if you carry a firearm at all, you are guilty. If we dissected the 2nd amendment of the US constitution we would find some simple language. The right to keep (to have), and bear (to have ON you) arms shall not be infringed. Apparently Illinois is allowed to legislate such infringement, possibly because Illinois politicians do not consider Illinois part of the United States since they follow so little of the constitution.
Of course Illinois politicians have to let gun owners transport their weapons to hunting grounds, or out of the state, so they have a few caveats:
(c) This Section does not apply to or affect the transportation or possession of weapons that:
(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.
Here is the portion of the law that describes what is necessary to make this a crime:
(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).
According to this section, that person from Wisconsin with a pickup truck, is still screwed. Their gun is in a case, and unloaded, and can't be disassembled without a lot of undue fuss, so there is no way out.
To make matters worse, Illinois has linked Marijuana possession with carrying a gun. Because police can be trusted so fully to NEVER plant drugs to hype up charges.
Nonetheless, thousands of out of staters, and many in state residents have succumb to this legislation for some reason. One court counselor admitted to me that big rig truck drivers are most commonly brought in on this charge, many of them have some type of weapon to protect themselves from robbery or attack while on the road, and a broke Illinois government can't help but to destroy lives, and steal money over complete nonsense. This law is such nonsense, that they left subsection (f) blank!
You may think I'm overreacting about the destroying someone's life, but if you look at the punishment, it does not fit this crime. We are talking about a victimless-crime that involves no property damage, or emotional stress that centers around a right that Americans have to keep, and bear their arms... and doing so is a felony.
(d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony;
Governor Quinn once stated that "Aggravated unlawful use of a weapon just means that you shot at someone and missed." He said this in order to get the law passed to strengthen this law from a class 4 felony, to a class 1 felony, so in January 2011 it becomes a class 1 felony. What he didn't realize, is that the law he was really talking about was "Aggravated discharge of a firearm." Leave it to an Illinois governor to not know which it is.
Of course law enforcement is exempt, as they open carry loaded pistols every day, and have rifles within reach that are loaded in their cars.
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