Ill. statute -- self defense as defense to gun law allegations
Illinois has an interesting statute -- while they don't have statewide pre-emption, the fact that a person used a gun in self-defense (on their own land) is an affirmative defense to a charge under local gun laws. I suppose it is a bit peculiar, but one practical way to deal with the situation where a citizen self-defends, and gets charged with a gun law violation.
(720 ILCS 5/24-10)
Sec. 24-10. Municipal ordinance regulating firearms; affirmative defense to a violation. It is an affirmative defense to a violation of a municipal ordinance that prohibits, regulates, or restricts the private ownership of firearms if the individual who is charged with the violation used the firearm in an act of self-defense or defense of another as defined in Sections 7-1 and 7-2 of this Code when on his or her land or in his or her abode or fixed place of business.
(Source: P.A. 93-1048, eff. 11-16-04.)
So, where it might be illegal to own a gun without a permit, but only if you haven't shot or bandished the weapon at someone?
If I think about that too much, I'm pretty sure my brain will dribble out my ears.
Posted by: gattsuru at September 23, 2006 10:59 PM
This was a result of the Hale Demar case in Wilmette. The public outrage was so intense when the Wilmette sheriff charged Demar with violating the 'handgun ban' even though he used it in self defense when Morio L. Billings broke in to his home two nights in a row.
Posted by: DKSuddeth at September 24, 2006 05:55 AM