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Posted: 3/20/2002 3:14:30 AM EDT
My wife was wondering something. If she where to shot someone who enter the house with a pistol that was in my name would she have any charges pressed agents her do to that the firearm is not in her name? I ask this do to I might be going off to boot camp and would not won't her to get in any trouble for this if it happen when I'm gone if some one enter the house.
Link Posted: 3/20/2002 3:47:54 AM EDT
[Last Edit: 3/20/2002 3:48:39 AM EDT by USP40C]
Unless you have a registration law I can see no possible criminal recourse against her so long as the trespasser was shot at night in the house, or posed a verifiable threat to her life. Most palces I can think of just being in the house would probably be enough if she is there alone. However I cannot give a definitive answer on this as I am not a lawyer (thank God), LEO, or otherwise qualified in an expert way. Personally I would tell her to shoot till it goes click, and check the transgressor while reloading. As a female, alone, this would be better from a personal safety standpoint, although not necessarily a legal one. Don't forget the civil suit the crooks family will undoubtedly attempt to bring. After all she just killed the bread winner. [pistol]
Link Posted: 3/20/2002 4:13:31 AM EDT
Link Posted: 3/20/2002 7:22:29 AM EDT
Since you have the bad taste to live in Illinois, [red]Tayous1[/red], you'd better check with some local lawyers. Illinois "registers" gun owners with the FOID card (and some counties/cities/villages/areas register the guns themselves), so the answer that would be valid for the entire free world doesn't apply in Illinois.
Link Posted: 3/20/2002 7:42:44 AM EDT
Guys, New to the boards here and wanted to provide my $0.02 worth. Husband and wife teams are usually joint property matters. A cop is not going to charge you with a stolen car if you are driving the wife's "grocery getter". Same usually applies to firearms. As evil as guns are supposed to be, they are still just "property" that belong to you. Best advice, call the District Attorney's office. They'll tell you because they'll be making the charges against you if it comes to that.
Link Posted: 3/20/2002 7:47:35 AM EDT
[Last Edit: 3/20/2002 7:48:52 AM EDT by ChrisS]
Pistol in your name? Do you live in a town that requires firearms to be registered? If it's a FOID thing have her get a card. If it is a FOID thing I'm not sure. There's got to be some precedent somewhere. My guess (just a guess) would be that it could wind up like the Goetz shooting. While the shooting itself may be justified your wife could very well be brought up on posession/use of a firearm by an unlicensed individual.
Link Posted: 3/20/2002 7:55:13 AM EDT
Link Posted: 3/20/2002 10:58:50 AM EDT
She hashad her FOID card for about 3 years now and it is still up to date. Can anyone tell me where I can find more info on this ?
Link Posted: 3/20/2002 11:43:50 AM EDT
Link Posted: 3/20/2002 11:55:53 AM EDT
Get info from the Illinois State Police website. [url]http://www.isp.state.il.us/foidinfo.html[/url] Basicly, she HAS to have a valid FOID card. Make sure it is not up for renewal soon, they are only good for 5 years. Av.
Link Posted: 3/20/2002 12:03:52 PM EDT
IL triva!! It is illegal to own the following ammo in IL: [b]Armor Piercing Bullet[/b]: Any handgun bullet or handgun ammunition with projectiles or projectile cores constructed entirely (excluding the presence of traces of other substances) from tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium, or fully jacketed bullets larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25% of the total weight of the projectile, and excluding those handgun projectiles whose cores are composed of soft materials such as lead or lead alloys, zinc or zinc alloys, frangible projectiles designed primarily for sporting purposes, and any other projectiles or projectile cores that the U. S. Secretary of the Treasury finds to be primarily intended to be used for sporting purposes or industrial purposes or that otherwise does not constitute "armor piercing ammunition" as that term is defined by federal law. The definition contained herein shall not be construed to include shotgun shells. [b]Dragon's Breath Shotgun Shell[/b]: Any shotgun shell that contains exothermic pyrophoric mesh metal as the projectile and is designed for the purpose of throwing or spewing a flame or fireball to simulate a flamethrower. [b]Bolo Shell[/b]: Any shell that can be fired in a firearm and expels as projectiles 2 or more metal balls connected by solid metal wire. [b]Flechette Shell[/b]: Any shell that can be fired in a firearm and expels 2 or more pieces of fin-stabilized solid metal wire or 2 or more solid dart-type projectiles. If you use any of those you are subject to a Class 2 Felony. AP gets you a Class 3 If you make or sell and you are hit with a Class 4.
Link Posted: 3/20/2002 12:14:38 PM EDT
Link Posted: 3/20/2002 12:16:41 PM EDT
Originally Posted By tayous1: She hashad her FOID card for about 3 years now and it is still up to date. Can anyone tell me where I can find more info on this ?
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Beyond the FOID there are no restrictions on posession at the state level other than the fact that one needs to be over 21 to be in posession of a handgun. Whoever signed the bill of sale etc... is of no consequence. Guns in Illinois aren't registered, just the owners. Is there a local registration requirement? If not then that's that.
Link Posted: 3/20/2002 12:21:44 PM EDT
Originally Posted By eswanson: In regard to Avalon01's post: Note that the prohibition on armor-piercing rounds applies only to handgun rounds. Therefore, SS109 is okay as the .223 is not a handgun bullet. So armor-piercing .223 is okay, but AP 9mm is not. Some years ago, when I was prosecuting, the cops brought us a case where they had arrested a guy who had a couple thousand rounds of milsurp 30-06 AP. I had to explain the statute to them a few times before they understood why I dismissed the case.
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What about AR-15 type pistols??
Link Posted: 3/20/2002 12:24:32 PM EDT
The restrictions on those shotgun shells is news to me.[:(!]
Link Posted: 3/20/2002 12:41:12 PM EDT
Link Posted: 3/21/2002 8:46:57 AM EDT
Originally Posted By eswanson: Note that the prohibition on armor-piercing rounds applies only to handgun rounds. Therefore, SS109 is okay as the .223 is not a handgun bullet. So armor-piercing .223 is okay, but AP 9mm is not.
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As much as I would like for you to continue ruling in that way, it is pretty clear that Illinois does ban SS109 rounds. They are not for sale anywhere in the state that I have ever seen, and shop owners told me repeatedly that they were illegal to possess in the state.
Link Posted: 3/21/2002 8:55:05 AM EDT
Link Posted: 3/21/2002 9:08:22 AM EDT
In another thread I created to warn people about this, someone (TheBeekEeper) wrote that the law was changed. I may be out of date. Sorry about that! I'll purge that thread and these comments in a half hour or so, assuming more information doesn't surface.
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