Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 4/3/2006 1:03:49 PM EDT
I tried looking around for info on this at the state police site, and no luck as of yet...

What are the laws regarding handguns for under 21?

I know you can't buy the firearms or the ammo, but is it legal to have one in your possesion if you have a valid FOID card?

Anyone have any insight, or any LEOs have the actual law on paper(or internet) for me to see?

http://tizzo.home.insightbb.com/sig.gif
Link Posted: 4/3/2006 1:26:32 PM EDT
[Last Edit: 4/3/2006 1:29:21 PM EDT by AKRay]
Link to info

See section 24 3.1



IllinoisCarry.com
Link Posted: 4/3/2006 1:41:17 PM EDT
[Last Edit: 4/3/2006 1:41:57 PM EDT by tizzo]
Yah I figured that. I guess I should rephrase the first post. I'm 19. Is posession of a handgun, such as tranportation to a range, illegal for me.
Link Posted: 4/3/2006 6:56:19 PM EDT

Originally Posted By tizzo:
Yah I figured that. I guess I should rephrase the first post. I'm 19. Is posession of a handgun, such as tranportation to a range, illegal for me.



Nope. Just make sure your parents buy all the ammo for you. Most places are not going to sell you pistol ammo if you're under 21 (unless you've got a very understanding local FFL).

Over 18 and FOID is all that's needed. IIRC, the gray area is when you're under 18 with a FOID.

WIZZO

BTW, I'm also 19, and I've looked this stuff up before.
Link Posted: 4/3/2006 7:11:29 PM EDT
I think that you are most wrong on this. A 19 year old in possession of a handgun is a good way to go to jail. I know as a FFL that I will not sell a handgun to anyone under 21. The only exemption provided is when afield hunting.

(720 ILCS 5/24-1.6 new)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(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 vehicles or concealed on or about his or her person except
when on his or her land or in his or her abode or fixed place of business 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 adobe or fixed place of business, any pistol, revolver,
stun gun or taser or other firearm; and
(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 this 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 or in a misdemeanor violation of the Illinois controlled Substances Act; or
(F) the person possessing the weapon is a member of a street gang or is engaged in street gang related
activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; or
(G) the person possessing the weapon had a order of protection issued against him or her within the
previous 2 years; or
7
(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).
Link Posted: 4/3/2006 7:22:30 PM EDT
[Last Edit: 4/3/2006 7:23:41 PM EDT by tizzo]
Doesn't 24-3 only mention under 18, and under 21 with a non traffic misdemeanor or felony? And also keep in mind I have no plans for concealing, only transportation.

...Also wizzo where do you live?
Link Posted: 4/3/2006 7:30:50 PM EDT
[Last Edit: 4/3/2006 7:31:32 PM EDT by P08]
Don't believe me ask a copper if he would hook you up if you show him your pistol locked in the trunk!
Link Posted: 4/3/2006 7:50:49 PM EDT
Im not trying to call your bluff, I just want to see it on paper.
Link Posted: 4/3/2006 11:00:25 PM EDT
If you need a ride to the range just let me know. Only live a few blocks away and I'll be at most of the BLASTFESTs AND I'm wayyyy older than 21!
Link Posted: 4/4/2006 3:22:40 AM EDT
[Last Edit: 4/4/2006 12:17:27 PM EDT by npd233]

Originally Posted By P08:
I think that you are most wrong on this. A 19 year old in possession of a handgun is a good way to go to jail. I know as a FFL that I will not sell a handgun to anyone under 21. The only exemption provided is when afield hunting.



A 19 year old in possession of a handgun does not necessarily constitute a crime. Need more than mere possession... and Aggravated Unlawful Use of Weapon only deals with possession in specific public places.


(720 ILCS 5/24-1.6 new)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(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 vehicles or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business 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 adobe or fixed place of business, any pistol, revolver, stun gun or taser or other firearm; and

(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 this 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 or in a misdemeanor violation of the Illinois controlled Substances Act; or
(F) the person possessing the weapon is a member of a street gang or is engaged in street gang related activity, as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act; 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).



In order for (I) to apply it would have to occur in conjunction with (2). (I) lists these exemptions:


24-2(b)(1) & 24-2(b)(3)
(b) Subsections 24‑1(a)(4) and 24‑1(a)(10) and Section 24‑1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(3) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing.

24-2(f)
Subsection 24‑1(a)(4) and subsection 24‑1(a)(10) and Section 24‑1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.



Here's the more applicable law, pertaining to mere possession:


720 ILCS 5/24‑3.1
Unlawful possession of firearms and firearm ammunition.
(a) A person commits the offense of unlawful possession of firearms or firearm ammunition when:
(1) He is under 18 years of age and has in his possession any firearm of a size which may be concealed upon the person; or
(2) He is under 21 years of age, has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent and has any firearms or firearm ammunition in his possession; or
(3) He is a narcotic addict and has any firearms or firearm ammunition in his possession; or
(4) He has been a patient in a mental hospital within the past 5 years and has any firearms or firearm ammunition in his possession; or
(5) He is mentally retarded and has any firearms or firearm ammunition in his possession; or
(6) He has in his possession any explosive bullet.
For purposes of this paragraph "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or

(b) Sentence.
Unlawful possession of firearms, other than handguns, and firearm ammunition is a Class A misdemeanor. Unlawful possession of handguns is a Class 4 felony. The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.
(c) Nothing in paragraph (1) of subsection (a) of this Section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code.
(Source: Public Act 94‑284, effective 7‑21‑05.)



See (a)(1), (a)(2) and (c) - these are the basic definitions (and allowed exemptions) of who cannot possess a handgun in this state.
Link Posted: 4/4/2006 7:01:14 AM EDT
[Last Edit: 4/4/2006 7:01:30 AM EDT by silascobb]
Good post npd...and thanks for saving me the trouble of having to post on this again.
Link Posted: 4/4/2006 8:01:23 AM EDT

Originally Posted By tizzo:

...Also wizzo where do you live?



Sterling/Rock Falls area.

I shoot at our farm that's about 15 miles south of me.

WIZZO
Link Posted: 4/4/2006 12:10:02 PM EDT
[Last Edit: 4/4/2006 12:10:24 PM EDT by npd233]

Originally Posted By silascobb:
Good post npd...and thanks for saving me the trouble of having to post on this again.



n/p. There was a link to the pertinent ILCS statute in the links thread... but it went dead.
Link Posted: 4/5/2006 9:38:36 AM EDT
"(c) Nothing in paragraph (1) of subsection (a) of this Section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code.
(Source: Public Act 94‑284, effective 7‑21‑05.)"

Does that mean I can carry a handgun while fishing?
Link Posted: 4/5/2006 10:41:56 AM EDT

Originally Posted By drobs:
"(c) Nothing in paragraph (1) of subsection (a) of this Section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code.
(Source: Public Act 94‑284, effective 7‑21‑05.)"

Does that mean I can carry a handgun while fishing?



Read the Wildlife & Fish and Aquatic Life Codes
Top Top