Largely due to the perception of ongoing gun violence in Chicago, Illinois was one of the last states in the country to allow people to carry a concealed weapon. So, it is little wonder that the concealed carry law contains a number of very broad exceptions. Even if the defendant is fully licensed and not threatening anyone, merely carrying a firearm is illegal in a number of different places. Many times, the place names and/or descriptions are quite vague.
Your car is a safe haven in the State of Illinois. Before entering a prohibited place, take the ammunition or magazine out of your gun and lock both away separately in your vehicle. Although it is not required that you separate the weapon and ammunition, that is the best way to comply with the law.
School
Main school buildings, their grounds, and their parking lots are fairly easy to identify. But Section (a)(1) also includes any building or real property “under the control of a public or private elementary or secondary school.” Significantly, children do not need to be present at this building. The vague description could include things like an administrative office, supply center, HR building, or tax office.
Here is the best rule of thumb. If the name of the place contains the word “school,” it is probably a prohibited place.
Child Care Facility
The same building and real property addendum applies here, as well. If the playground is across the street from the daycare center and open to the public, it is still technically part of the daycare center and probably falls under the park prohibition of the law.
Things also get rather complicated with regard to home daycare centers. The “operator” may possess a licensed weapon at all times, but if a child is present, the owner must put the firearm away in a locked container.
Government Building
Obviously, a person cannot carry a weapon into a courthouse or a Congressman’s office. But what if the “courthouse” is actually a suite in an office building? Or what about the neighborhood office of a U.S. representative?
Section (a)(3) says that guns are prohibited in the “portion” of the building which contains the government office, but that adjective is not very helpful. Does it refer to the immediate area around the office, the floor it is on, or the wing of the building?
Place Where Alcohol is Sold
If alcohol sales made up more than 50% of the commercial establishment’s sales within the past three months, concealed weapons are prohibited. Store owners are supposed to post signage prohibiting weapons, and they face fines for failing to do so.
Lack of signage is not a defense to an (a)(9) violation. There is a fine line here. Ignorance of law (“I didn’t know it was illegal to carry my gun into a saloon”) is not a defense. But ignorance of fact (“I didn’t know that this restaurant qualified under this provision”) is a defense. You need an attorney who appreciates the difference.
Public Gathering
The same analysis applies in this area. Section (a)(10) makes it illegal to possess a concealed weapon in a place where a permit is required. There is a difference between ignorance of law and ignorance of fact.
Rely on Experienced Attorneys
This is just a partial listing of the prohibited places in the CCW law. For a confidential consultation with an experienced criminal defense attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Nicolas Barbier Garreau)