Illinois Gun Laws Pamphlet. Marxist Malapropisms, or How to Beat a Concealed Carry Rap.

Control! The govt. oozes lies and misleading propaganda to make you believe they control you. I saw a link to the Illinois Gun Laws pamphlet, and decided to take a look at the usual pap disseminated by "Common questions and answers" publications. Let's take a look at this:

First. we are directed to CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 1961.
We must look to the definitions section to understand what, and whom, we are seeking to regulate or punish:

(720 ILCS 5/Art. 2 heading)
ARTICLE 2. GENERAL DEFINITIONS

(720 ILCS 5/2‑0.5) (was 720 ILCS 5/2‑.5)
Sec. 2‑0.5. For the purposes of this Code, the words and phrases described in this Article have the meanings designated in this Article, except when a particular context clearly requires a different meaning.
(Source: Laws 1961, p. 1983.)

(720 ILCS 5/2‑7.1)
Sec. 2‑7.1. "Firearm" and "firearm ammunition". "Firearm" and "firearm ammunition" have the meanings ascribed to them in Section 1.1 of the Firearm Owners Identification Card Act.
(Source: P.A. 91‑544, eff. 1‑1‑00.)

The Firearm Owners Identification Act is limited in scope, and falls within the authority of the "Police Power" of the State. I discuss police power in one of my previous posts, but keep in mind that it is NOT constitutionally derived power, but rather assumed power for the state to regulate for the health, safety, welfare, and morals of the citizens as such may pertain to "commercial activities". For instance, looking at the FOID act, we see that all of the objects of the regulation pertain to the commercial acts of selling or buying firearms. Look at the wording carefully. I'll emphasize with CAPS:

(430 ILCS 65/1) (from Ch. 38, par. 83‑1)
Sec. 1. It is hereby declared as a matter of legislative determination that in order to promote and protect the health, safety and welfare of the public, it is necessary and in the public interest to provide a system of identifying persons who are not qualified to acquire or possess firearms, firearm ammunition, stun guns, and tasers within the State of Illinois by the establishment of a system of Firearm Owner's Identification Cards, thereby establishing a practical and workable system by which law enforcement authorities will be afforded an opportunity to identify those persons who are prohibited by Section 24‑3.1 of the "Criminal Code of 1961", as amended, from acquiring or possessing firearms and firearm ammunition and who are prohibited by this Act from acquiring stun guns and tasers.
(Source: P.A. 94‑6, eff. 1‑1‑06.) --- ALL THIS DOES IS PROVIDE FOR A SYSTEM FOR IDENTIFYING, BUT DOES MAKE IMPOSE ANY REQUIREMENT FOR LICENSING OR REGISTERING.
So, who are they addressing?
"Federally licensed firearm dealer" means a person who is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). COMMERCIAL ACTIVITY

"Gun show" includes the entire premises provided for an

event or function, including parking areas for the event or function, that is sponsored to facilitate the purchase, sale, transfer, or exchange of firearms as described in this Section. COMMERCIAL ACTIVITY

"Gun show vendor" means a person who exhibits, sells,

offers for sale, transfers, or exchanges any firearms at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange any firearm. AGAIN, COMMECIAL ACTIVITY

The FOID Act does not identify or define OFFENSES commited pursuant to the act, aside from a petty offense.

So, it is clear that the FOID card is a Commercial Firearms License for use within the State of Illinois, and does not apply to private Citizens who possess their own firearms for personal use and protection. Moving on to the criminal statute.

(720 ILCS 5/1‑2) (from Ch. 38, par. 1‑2)
Sec. 1‑2. General purposes. The provisions of this Code shall be construed in accordance with the general purposes hereof, to:
(a) Forbid and prevent the commission of offenses; THE FOID ACT DOES NOT LIST ANY OFFENSES OTHER THAN A PETTY OFFENSE, WHICH IS NOT CRIMINAL IN NATURE AND INAPPLICABALE TO THIS STATUTE.
(b) Define adequately the act and mental state which constitute each offense, and limit the condemnation of conduct as criminal when it is without fault;
(c) Prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders;
(d) Prevent arbitrary or oppressive treatment of persons accused or convicted of offenses.
(Source: Laws 1961, p. 1983.)

(720 ILCS 5/1‑3) (from Ch. 38, par. 1‑3)
Sec. 1‑3. Applicability of common law. No conduct constitutes an offense unless it is described as an offense in this Code or in another statute of this State. However, this provision does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or civil judgment.
(Source: P.A. 79‑1360.) AGAIN, THE FOID ACT DOES NOT DEFINE ANY OFFENSES, AND THE COMMON LAW DOES NOT APPLY DUE TO THE LACK THEREOF.

Looking further to the definitions of (720 ILCS 5/Art. 2 heading)
ARTICLE 2. GENERAL DEFINITIONS

(720 ILCS 5/2‑4) (from Ch. 38, par. 2‑4)
Sec. 2‑4. "Conduct".
"Conduct" means an act or a series of acts, and the accompanying mental state.
(Source: Laws 1961, p. 1983.) SO YOU HAD A CONCEALED WEAPON. WHAT WAS YOUR MENTAL STATE AT THE TIME? TO COMMIT A CRIME, OR EXERCISE A CONSTITUTIONAL, GOD-GIVEN RIGHT? EXERCISING A RIGHT IS NOT A STATE OF MIND CONSISTENT WITH THE COMMISSION OF A CRIME.

(720 ILCS 5/2‑15) (from Ch. 38, par. 2‑15)
Sec. 2‑15. "Person".
"Person" means an individual, public or private corporation, government, partnership, or unincorporated association.
(Source: Laws 1961, p. 1983.) THIS SHOULD BE INTERESTING. ARE YOU A PERSON? GENERALLY THE WORD INDIVIDUAL WOULD MEAN A REAL PERSON, OR PEOPLE, BUT USED WITH THE OTHER WORDS GIVES IT THE MEANING OF BEING AN ARTIFICIAL ENTITY, SUCH AS A CORPORATION OR OTHER GOVERNMENT-CREATED ENTITY. PERSON DOES NOT ALWAYS MEAN PEOPLE.

So, what constitutes a "crime"?

(720 ILCS 5/4‑2) (from Ch. 38, par. 4‑2)
Sec. 4‑2. Possession as voluntary act.
Possession is a voluntary act if the offender knowingly procured or received the thing possessed, or was aware of his control thereof for a sufficient time to have been able to terminate his possession.
(Source: Laws 1961, p. 1983.)

(720 ILCS 5/4‑3) (from Ch. 38, par. 4‑3)
Sec. 4‑3. Mental state. THIS MUST BE PROVEN IN COURT!!!
(a) A person is not guilty of an offense, other than an offense which involves absolute liability, unless, with respect to each element described by the statute defining the offense, he acts while having one of the mental states described in Sections 4‑‑4 through 4‑‑7.
(b) If the statute defining an offense prescribed a particular mental state with respect to the offense as a whole, without distinguishing among the elements thereof, the prescribed mental state applies to each such element. If the statute does not prescribe a particular mental state applicable to an element of an offense (other than an offense which involves absolute liability), any mental state defined in Sections 4‑‑4, 4‑‑5 or 4‑‑6 is applicable. WE WILL LOOK AT THESE SECTIONS.
(c) Knowledge that certain conduct constitutes an offense, or knowledge of the existence, meaning, or application of the statute defining an offense, is not an element of the offense unless the statute clearly defines it as such.
(Source: Laws 1961, p. 1983.)

(720 ILCS 5/4‑4) (from Ch. 38, par. 4‑4)
Sec. 4‑4. Intent. NOPE, INTENT IS NOT MENTIONED IN THE OFFENSE SECTION.
A person intends, or acts intentionally or with intent, to accomplish a result or engage in conduct described by the statute defining the offense, when his conscious objective or purpose is to accomplish that result or engage in that conduct.
(Source: Laws 1961, p. 1983.) OKAY, SO YOU INTEND TO CARRY A CONCEALED WEAPPON UNDER THE EXERCISE OF YOUR CONSTITUTIONAL RIGHT.

(720 ILCS 5/4‑5) (from Ch. 38, par. 4‑5)
Sec. 4‑5. Knowledge. THE CRIMINAL ACT STATES "KNOWINGLY". LET'S LOOK AT "KNOWINGLY".
A person knows, or acts knowingly or with knowledge of:
(a) The nature or attendant circumstances of his conduct, described by the statute defining the offense, when he is consciously aware that his conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists.
(b) The result of his conduct, described by the statute defining the offense, when he is consciously aware that such result is practically certain to be caused by his conduct.
Conduct performed knowingly or with knowledge is performed wilfully, within the meaning of a statute using the latter term, unless the statute clearly requires another meaning.
(Source: Laws 1961, p. 1983.)

(720 ILCS 5/4‑ (from Ch. 38, par. 4‑
Sec. 4‑8. Ignorance or mistake. (a) A person's ignorance or mistake as to a matter of either fact or law, except as provided in Section 4‑3(c) above, is a defense if it negatives the existence of the mental state which the statute prescribes with respect to an element of the offense.
(b) A person's reasonable belief that his conduct does not constitute an offense is a defense if:
(1) The offense is defined by an administrative regulation or order which is not known to him and has not been published or otherwise made reasonably available to him, and he could not have acquired such knowledge by the exercise of due diligence pursuant to facts known to him; or
(2) He acts in reliance upon a statute which later is determined to be invalid; or
(3) He acts in reliance upon an order or opinion of an Illinois Appellate or Supreme Court, or a United States appellate court later overruled or reversed;
(4) He acts in reliance upon an official interpretation of the statute, regulation or order defining the offense, made by a public officer or agency legally authorized to interpret such statute.
(c) Although a person's ignorance or mistake of fact or law, or reasonable belief, described in this Section 4‑‑8 is a defense to the offense charged, he may be convicted of an included offense of which he would be guilty if the fact or law were as he believed it to be.
(d) A defense based upon this Section 4‑‑8 is an affirmative defense.
(Source: Laws 1961, p. 1983.)
IGNORANCE OR MISTAKE IS AN AFFIRMATIVE DEFENSE, BASED ON THE ABOVE CONDITIONS. HOWEVER, BELIEF THAT THE CONSTITUTION ALLOWS FOR THE CARRYING OR POSSESSING OF A FIREARM, EXCEPT WHERE THE POLICE POWER, WHICH APPLIES TO COMMERCIAL ACTIVITY RELATING TO THE HEALTH, SAFETY, WELFARE AND MORALS, APPLIES.

I would go into more detail, but this would make for a very lengthy post. All I can say is, read the law. All of the law. Definitions and intent as well. The law does not provide penalties for open carry, only concealed carry, and then under specific circumstances. I think a weapons charge under this statute, based on open carry, is able to be beaten, with the proper attorney who actually looks at the law and challenges the system based on what the law says, and uses proper case law and precedent, avoiding any mention of United States citizenship or alluding to having engaged in a commercial activity. Once you possess the FOID card, and then violate the statute, you are nailed because possessing the FOID card is the nexus that lends the presumption that you are, in fact, requred to have one and therefore engaged in a commercial activity. Once you place yourself under the autority of the police power, your constitutional rights are gone, and the U.S. citizenship priviledges apply, which do not include the second amendment. If anyone is interested in learning how U.S. citizenship means waiving your second amendment rights just let me know and I'll show you a PowerPoint presentation detailing this fact. You can also look up 14th Amendment and Incorporation Doctrine. The Incorporation Doctrine says that courts do not consider all of the Bill of Rights to be "fundamental rights", and have not considered the second amendment to be a right of U.S. citizenship.
Is anyone ready to take up arms yet? It's about time!