Ken Lay: Redux
The intersection of criminal law and politics

Life and liberty in Illinois

Illinois recently enacted an affirmative defense to the violation of municipal firearm bans when the person is found with a firearm after he defended himself.  In other words, if the only reason the cops know you have a gun is because you used it to protect your home and family, you're safe.  The law reads:

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.  (720 ILCS 5/24-10)

Please see this post at the Volokh Conspiracy for further details and commentary.

 

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