Basic questions about concealed carry / home defense in Chicago / Illinois
Advertise with us Click for Rates
Results 1 to 9 of 9
Like Tree5Likes
  • 1 Post By ArthAnsgar
  • 2 Post By john9001
  • 2 Post By AZ Al

Thread: Basic questions about concealed carry / home defense in Chicago / Illinois

  1. #1
    Junior Member
    Join Date
    Dec 2019
    Posts
    12

    Default

    Hi all, I have some basic questions and I’ve been reading a lot and learning but would appreciate some clarification.

    I remember my CCL instructor saying in class that if someone is robbing your house (sneakily, without violent break in), we can’t use our CCW unless there’s imminent threat to life. But are we allowed to say that we will shoot unless they leave? Or is that in and of itself an unlawful use of force? Or do we just tell them to leave and let them run away with our stuff? I don’t mind losing my stuff — it would hurt financially but the most important for me is ensuring that my family is safe. It would be difficult to see him in the dark whether he has a weapon or not, or if he lugs a knife at me etc, impossible to tell what would happen.

    Also, say if I’m hanging out with my friends and some guy starts robbing a store. Obviously if he brandishes a gun, the use of deadly force is authorized (committing a felony + threat to life), but is it a good idea to? Usually if you give them money they’ll run away right? Or say he points a knife (also threat to life, but not as serious as a gun?), or otherwise if he uses no weapon, what must a CCW holder do in that case? Wait it out if he’s not brandishing any weapons? Brandish your weapon and tell him to drop the knife? Brandishing itself is intent of deadly force versus him with no weapons, so that would be unlawful use of force correct?

    Sorry for the noob questions. Thanks!
    Last edited by NR32; 01-21-2020 at 11:03 PM.

  2. #2
    Senior Member ArthAnsgar's Avatar
    Join Date
    Sep 2019
    Location
    Vermont
    Posts
    204

    Default

    Chicago is a bit of a minefield in that regard, many of the laws on the books are vague, and case law is spotty. My advice would be to try and find a gun-freindly attorney to consult. It may not be a matter of what is technically legal so much as what is defensible in court.
    Fitasc Shooter likes this.

  3. #3
    Senior Member NGF Addict!
    Join Date
    Apr 2019
    Location
    TEXAS
    Posts
    1,848

    Default

    I live in Texas where the Castle Doctrine is the law.
    If you break into my house, with my family inside. You will be shot.
    Not sure about the laws in Chicago. Sometimes there are even differences between State and City laws.
    Suggest a discussion with someone who practices criminal law in your city and state.
    Hopefully, you will never have to be in a situation that you described, that is what we all pray for here.

  4. Remove Advertisements
    NationalGunForum.com
    Advertisements
     

  5. #4
    Senior Member
    Join Date
    Apr 2019
    Location
    central Texas near Ft Hood
    Posts
    231

    Default

    The above posts are spot on.
    I generally tell people the following.
    Don't trust the people on the street. No matter how much they know, it isn't enough. Your family might be safe, but you might be in prison.
    Don't ask LE. Many times, they will tell you what they want you to know in their best interest. Not yours. And they DO NOT always know the law. I know quite a few that carry a copy of the Penal Code in the car to look things up during their work day.
    Ask a Prosecuting attorney. They can tell you what the law says. And what you can be prosecuted for anyway.
    Then ask a Defense attorney. They will tell you what the law says. And what they can defend you for despite what it says.

    Unfortunately, what it says, what you can be prosecuted for and what defense you have do not always match.
    The laws were written NOT for your benefit.

    Sent from my SM-G892A using Tapatalk

  6. #5
    Senior Member NGF Addict!
    Join Date
    Aug 2017
    Location
    western PA
    Posts
    1,330

    Default

    If you catch a robber robbing your house make them fill out a form listing everything they are taking so you will have a list to turn in to the insurance company.

    Then you can get all new stuff.
    Russ D and Joe Hohmann like this.

  7. #6
    Pew Pew One1's Avatar
    Join Date
    Dec 2019
    Location
    Tennessee
    Posts
    173

    Default

    breaking into my house leaves me zero concern for anyone’s safety other than who is supposed to be there. Judged by 12 over carried by 6. 24/7
    ~Pew Pew~

  8. #7
    Senior Member
    Join Date
    Mar 2019
    Posts
    511

    Default

    Get better locks, get an alarm system, get a dog. If you allow it to look like you made it easy or desirable to break in, just to have an excuse to shoot him, court will not look kindly upon you.
    If he dcefeated an upgraded lock system, ignored or buypassed your alarm system, and disabled your dog, this criminal seems motivated by more than monetary gain. THEN use of a firearm APPEARS to be a last resort, used against a persistant criminal, intent on harm.

    IANAL, legal advice from the internet is worth what you paid for it.

  9. #8
    Junior Member
    Join Date
    Jan 2019
    Posts
    10

    Default

    As someone who has had professional training in use of force, I would suggest that if you suspect that someone has broken into your home, your safest bet is to barricade yourself in place. The use of lethal force must always be your last resort. That provides you the most legal protection if a criminal or civil case should arise from your situation. Even though your state law may not impose a duty to retreat, only a fool would place their liberty or their family’s financial security on that premise. Don’t even think your homeowners insurance will help you in a self defense situation.

    A word of caution about shouting warnings in this situation-do not say anything that you cannot legally back up, especially threatening language. Any decent prosecutor can take those statements and use them to up the charges if they think your use of force was unreasonable. You can literally set yourself up a dandy trap for the police and prosecutors to hang you with. Remember, the police and prosecutors are not your friends-once you show up on their radar, their job is to put you in jail.
    Wag and fixitfred like this.

  10. #9
    Senior Member NGF Addict! Steyr Man 146's Avatar
    Join Date
    May 2012
    Posts
    1,592

    Default

    MOVE out of Illinois/Chicago commie state to a real CCW state. But NO California/Massachusetts-Washington-New York

    Have fun and remember This Hidden Content should be the only headaches you encounter

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)