In early July 2013, Illinois became the last state to pass a law allowing some form of concealed carrying of firearms by private citizens. The Firearm Concealed Carry Act was spurred by federal court decisions which found the state’s previous ban to violate the constitution. Per the law, Illinois resident can begin submitting applications to receive a concealed carry license on January 5th.
This marks a significant change in state law. Tens of thousands of Illinois residents will undoubtedly receive a license next year and begin legally carrying their weapon in public. It is important for all of those seeking to carry a concealed weapon to be familiar with the various legal issues related to properly securing a license as well as understanding the ramifications if the weapon is used in public.
For example, if you are forced to dispense your weapon for any reason–perhaps self-defense–what are the possible consequences?
In any of these situations there may be civil liability or criminal gun charges. Most are familiar with different crimes connected to gun use, but fewer are aware of civil ramifications. Only the state itself (the government) will prosecute the criminal aspect of the crime and, if there is a victim, then the victim may have a civil case against the person who was convicted for a crime.
It is possible for a person to be acquitted in a criminal trial (or not face any criminal charges at all), but still be found responsible in a civil proceeding, due to the different standards of proof in criminal and civil trials. In most cases, to be convicted of a crime, the prosecution must show beyond a reasonable doubt that the elements of the crime were proven. Alternatively, most civil cases lead to liability when the elements of the civil claim are show by a preponderance of the evidence.
Civil Liability for Gun Injuries
For example, consider the scenario where a concealed carry gun owner shoots another person. This may result in criminal charges by the state, and/or the filing of a civil lawsuit by anyone harmed in the shooting–often via negligence or intentional assault and battery claims.
If an individual dies in the shooting, then surviving family members can pursue the civil charge of “wrongful death.” The Illinois Wrongful Death Act allows for a civil action by certain relatives in order to seek financial compensation for the death of their loved one. Generally, this cause of action is available if the death of the victim would not have occurred absent some negligent or reckless conduct of the defendant. Unlike criminal charges, civil verdicts are for monetary damages only.
In these civil cases, a self-defense claim can also be argued. However, whereas a jury must find the evidence of guilt beyond a reasonable doubt in the criminal case, there is the lower burden in these civil matters. The most high-profile example of this dichotomy is the O.J. Simpson cases, where Simpson was acquitted of criminal charges but found liable in the civil case.
Help with Gun Charges in Illinois
The Law Offices of Thomas Glasgow has the experience you need to handle gun-related charges, whether civil or criminal. Make sure that you have an experienced Illinois criminal defense attorney at your side to help. Our team is based in Schaumburg and provides support to many neighboring communities, including Buffalo Grove, Hanover Park, Itasca, and more.