Is a flare gun in your car legal or not?

[hcsdchief]

Can't truely believe Aggravated Unlawful use of a Weapon for just having it in the car. Maybe something like Unlawful possession, but not use.

Just so everybody knows, I'm a Law Enforcement Officer in Illinois, so I'm not just making this stuff up.

Agg. Unlawful use of a weapon
A person commit s the offense when: carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on her or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm. or carries or possesses on any public street, alley, public land....
(a)any firearm possessed was uncased, loaded and immediately accessible...
(b)the firearm possessed was uncased, unloaded and the ammunition for the weapon was immediately accessible....

As far as the bat goes, it depends on other circumstances. Also, I'm not trying to offend anybody, I was just trying to answer the question the best way I could. And this law just pertains to Illinois.

 

[hcsdchief]

Fishing cop, you must have been typing and posting your response while I was typing mine.
Congrats on your retirement =D> :lol: . And try and leave a few fish for the rest of us that are working.

 

[Popeye]

Thanks guys, I appreciate all the inputs. I will pass this information on to the person that originated the question. Just want you all to know that I was not the originator. I do not even own a flare gun. Now, a sawed-off pistol gripped 12 ga. shotgun strapped to my sun visor is a different matter all together.

 

[FishingCop]

Thanks guys, I appreciate all the inputs. I will pass this information on to the person that originated the question. Just want you all to know that I was not the originator. I do not even own a flare gun. Now, a sawed-off pistol gripped 12 ga. shotgun strapped to my sun visor is a different matter all together.

Yeah, baby, Now I'm thinking that's a formidable self-defense weapon -- oh, BTW, you are definately going to spend jail time when caught with it (if not shot by some overly-agressive, new, rookie cop who is just a little too much paranoid) :lol: :lol: But hey, go for it....

P.S. - of course I know you weren't serious (I think????) :wink:

Also, back to hcsdchief, yours was good input as well. We both know it is a topic filled with variables and not so black & white as it may sound to the novice reader...... right Dave??

 

[Popeye]

P.S. - of course I know you weren't serious (I think????) :wink:

No, I'm not serious. Although... :lol:

One time when I was still in the Navy and stationed in Norfolk, VA. I had gone to a pistol range on the week-end and put my 9mm in its case and put it in the trunk. I left the range and went to a bar to meet some friends and one thing led t another and I forgot about the gun in the trunk. Next morning I drive to werk and as I'm sitting line waiting for security to check ID's I see they are doing random vehicle searches and then realize the gun is in the trunk. :shock: Needless to say I was very relieved when they didn't search my car.

 

[redbug]

When I was fishing lake Ontario I was informed that a flare gun was considered a firearm and fell under the same rules as any other gun

Wayne

 

[Jim]

Congrats to you fishingcop! :USA1:

 

[Captain Ahab]

So, does that mean that I (like Capt. Ahab) can consult and charge for these opinions??? :lol:

Heck no! We have that area all wrapped up thank you. :mrgreen:



Just as an aside - the Illinois Legislature (they make the laws) has not offered "flare gun" in their definition of weapons. However, they do have some "catch all" language that deals with, just as fish cop stated, the manner in which any device is carried in a vehicle. You have a loaded flare gun on top of your cocaine stash and you are gonna get a weapons charge. You have a flare gun loaded and under you seat and you are gonna get a weapons charge. You have a flare gun in a box in the trunk - you are not going to get charged for it.

Now, to whom do I send the bill?

 

[DocWatson]

Now, to whom do I send the bill?

Flounderhead. It was his question.:mrgreen:

 

[Popeye]

Now, to whom do I send the bill?

Flounderhead. It was his question.:mrgreen:

Thanks guys, I appreciate all the inputs. I will pass this information on to the person that originated the question. Just want you all to know that I was not the originator.

[-X If you send the bill to me I'll just have to fwd it to the orignator and as I have previously stated, this was not my question.

 

[DocWatson]

Now, to whom do I send the bill?

Flounderhead. It was his question.:mrgreen:

Thanks guys, I appreciate all the inputs. I will pass this information on to the person that originated the question. Just want you all to know that I was not the originator.

[-X If you send the bill to me I'll just have to fwd it to the orignator and as I have previously stated, this was not my question.

But you posted it. :wink:

 

[Captain Ahab]

In that case the bill just doubled! :lol: :lol: :lol:

 

[FishingCop]

In that case the bill just doubled! :lol: :lol: :lol:

Well, in that case, do I get a cut????

 

[DocWatson]

In that case the bill just doubled! :lol: :lol: :lol:

Well, in that case, do I get a cut????

Don't be surprised if he asks if you want that cut on your wrist or your throat. He's an attorney ya know. :mrgreen:

 

[Captain Ahab]

In that case the bill just doubled! :lol: :lol: :lol:

Well, in that case, do I get a cut????

Of course - but we call that a bribe [-X

 

[Popeye]

Fine, send me the bill for your .02¢ worth. And just remember, I would rather owe it to you than beat it out of you.