A licensed gun owner is the primary suspect in an East Side triple shooting that occurred in the man’s home. Police declined to say whether they intend to charge the man, who had a valid Firearm Owner Identification card, but said that “inconsistencies” in the man’s account troubled them. By all accounts, the man shot and killed a 22-year-old man, a 24-year-old woman, and a 17-year-old boy inside a house near the intersection of Ewing and 102nd Street. The man initially told investigators that he shot and killed the three as they broke into his house, but a witness supposedly came forward later and stated that the three victims had been in the house for several hours, casting doubt on the man’s account. Area landlord John Sandoval urged police to wrap up their investigation quickly, so that “everybody will feel a little safer.”
Firearms Ownership
In 2013, Illinois became the last jurisdiction in the country to allow people to carry weapons for self-defense purposes. Due to the amount of gun violence in Chicago, many lawmakers, quite understandably, reflexively and vehemently oppose any measure that would put even one more gun on the streets. However, the Second Amendment does guarantee the right to bear arms, so there must be a balance.
The result of this balance is the Firearms Concealed Carry Act, a law which, in theory, gives Illinoisans the right to carry firearms, but is sharply limited in practice.
On one hand, Illinois is a “shall issue” state as opposed to a “may issue” state. So, if the applicant meets all the requirements for licensure, authorities must issue a permit and law enforcement can only object under limited circumstances. Many other jurisdictions, such as the District of Columbia, are “may issue” jurisdictions that give law enforcement considerable leeway to object to applicants based on little more than suspicion. D.C.’s gun laws may change, as the Supreme Court is expected to rule on their constitutionality in 2018.
On the other hand, the Illinois law has many exceptions. For example, the licensure process is quite complicated, and the Concealed Carry Licensing Review Board can unilaterally withhold approval if it determines that the applicant is “a danger to himself, herself, or others, or a threat to public safety.”
Self-Defense
Many law enforcement agencies are not happy that the CCA passed, so it does not constitute immunity from prosecution, as the above story illustrates.
Illinois law contains a variant of the castle doctrine (i.e. a man’s home is his castle), the common law idea that use of force is justified in defense of a dwelling. However, when it comes to the use of deadly force to defend a dwelling, there are two major restrictions:
- The trespass must be violent,
- The actor must reasonably believe that deadly force is necessary.
Generally, if a person enters a home in a “riotous or tumultuous manner,” without permission, with the intent to commit a felony, or the defending person reasonably believe that the intruder poses an imminent danger of death or great bodily harm, use of deadly force is justified in criminal court.
Even if a gun owner is acquitted of murder in criminal court, s/he could still face civil liability for wrongful death, and the standard of proof is much lower in negligence cases than it is for criminal offenses.
Reach Out to Tenacious Lawyers
Gun owners may still face serious prosecutions. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Nicolas Barbier Garreau)