An interesting side effect of the FCCA

I am not a lawyer (IANAL). While I am willing to comment on the law, I would recommend very highly that you not rely on my comments to keep you out of jail. The law as written is very poorly constructed and with a lot of potential nightmares hidden in it.

One of the many strange side effects of the FCCA is that it appears that a FCCL is exempt from being charged with aggravated UUW (AUUW) for carrying a handgun [the felony version of UUW].

AUUW is defined thusly in the law.

(720 ILCS 5/24-1.6)
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 vehicle or concealed on or about his or her person ... 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, ... any pistol, revolver, stun gun or taser or other firearm; and
 (3) One of the following factors is present:
(A) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, loaded, and immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed was uncased, loaded, and immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act; or
(B) the firearm, other than a pistol, revolver, or handgun, possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed was uncased, unloaded, and the ammunition for the weapon was immediately accessible at the time of the offense and the person possessing the pistol, revolver, or handgun has not been issued a currently valid license under the Firearm Concealed Carry Act,
...

Note: I edited out some excess verbiage that would have cluttered things up.

The way I read this is if you do (a)(1) or (a)(2), and also (a)(3) it is AUUW. But, if the firearm is a handgun, licensees are exempt from these provisions of AUUW. Note it does not say anything about being concealed or not concealed. Just possessed.

Two of the provisions of note in the non-felony version of UUW are these.

(720 ILCS 5/24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
...
(4) Carries or possesses in any vehicle or concealed on or about his person ... any pistol, revolver, stun gun or taser or other firearm,... 

(10) Carries or possesses on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town...

Note that what is illegal is carrying concealed or in a vehicle in (a)(4), or within the corporate limits of a city, village or incorporated town in (a)(10). It thus appears to me that it is not illegal anymore for a licensee to carry openly outside the corporate limits of a city, village or incorporated town.

Not that I recommend it just yet.

And note that there may be other laws you could be breaking such as 21-6 that might apply.

[This is distilled from a number of posts made elsewhere over the last few months.]

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