Posted: 1/17/2011 2:05:25 PM EDT
| Is there a post on IL htf for the state statutes on the use of force? |
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There's some listed in the IL HTF Sticky at the top of the page. Illinois Gun Laws - Criminal Offenses - 720 ILCS 5/24 Although the above link now references criminal trespass laws. Firearm Owner Identifiaction Act - ILCS 430/65 Here's a few others: 7 ILCS 5/24 - Deadly Weapons 7 ILCS 5/7 - Justifiable Use of Force Hope this helps. 
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This is interesting. I recently had a burglary (yes by the same druggie that was on the news this weekend) and had I been home, according to that statute I would have been justified in using deadly force to prevent what turned out to be Class 4 Felony Burglary. Also, I imagine that breaking a door is also considered a "violent entry". |
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Quoted: I didn't read the statute in the link, but Illinois follows the 'castle doctrine'. Use of force justified in protecting your home (castle). Not property. Garages don't count. You should. From different sections: Sec. 7-2. Use of force in defense of dwelling. a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony. Sec. 7-3. Use of force in defense of other property. a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony. |
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Quoted: I would be very careful about the use of force even on a burglar, in this state. If I were ever in a situation where someone broke into my place while living here, Id make sure they guy had a weapon and I was afraid for my personal safety. I think a lot depends on the county more than the Statute. After all, we've seen Austin attempt to charge people in blatant disregard of the TX state statute. I can imagine a similar situation in Crook County. |
| Thanks for the post tango, its what I was looking for. With the recent robberies around our area I wanted to be certain of the statues. We have a cash place next door & they were robbed last year. Most recent was a restaurant robbery a block down the street where the owners pulled their own weapons & the robber fled. |
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Quoted:
I would be very careful about the use of force even on a burglar, in this state. If I were ever in a situation where someone broke into my place while living here, Id make sure they guy had a weapon and I was afraid for my personal safety. Tango7 is an LEO. |
| After reading the statutes I find them to be limited in scope. Defense of dwelling requires riotous, violent or tumultous entry. Plug in a 15 yr old burglar with no weapon sneaking around your home at 2:00 am not looking for a confrontation. He popped a window & slips in. You don't know whether he is armed at the time or not. You don't know if he is alone or not. Are you in grave fear for your safety? Certainly. Probably best to stay put with the family in one room & call police. If he comes through bedroom door he is showing aggression & should be delt with. If you hunt him down & shoot him on sight are you justified? The jury will decide. |