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November 13, 2013, 11:48 PM | #1 | ||
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NIU student charges with UUW for firearms in his dorm room
http://www.chicagotribune.com/news/l...,5626545.story
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http://www.ilga.gov/legislation/ilcs...072000050K24-1 Definition is wayyy to long to post here. AR-15 was broken down, not sure of the handgun, the owner had a FOID card.
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November 14, 2013, 12:21 AM | #2 | ||
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It took me a while to see what crime had been committed, but I have to admit, it doesn't look good.
AFAIK, a dorm room is not typically considered a "residence." I could not find a legal definition for "abode" as cited in the statutes provided by the OP. That said, if the university is the property owner, and they have a policy against owning weapons, then it looks like the charge will stand. Quote:
Long story short, I think he's in for a rough time. Luckily it seems this will only be a misdemeanor. Quote:
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November 14, 2013, 03:52 PM | #3 |
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I'm kind of the opinion that if the guy didn't want to follow the rules he should have sought other housing. If he didn't know the rules, he should have paid more attention.
Dorm's are private property of the school and he had to sign an agreement to follow the rules. As the old saying goes "ignorance of the law is not protection from the law". |
November 14, 2013, 04:59 PM | #4 |
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Ok I may be mistaken here, but I thought that now there is a CCW law in place Illinois UUW law was no longer valid...
Any Illinois legal experts willing to chime in? |
November 14, 2013, 08:00 PM | #5 |
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Not to put a fine legal point on it, NIU had a famous mass shooting a few years ago. I would not expect leniency if I was him.
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November 14, 2013, 10:03 PM | #6 | |
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Quote:
I went to NIU (class of 1990) way before the Cole Hall shooting and even back then a firearm in the dorms was a big no-no, it's very unlikely he was unaware of the rule. He really should have rented an off-campus apartment if he wanted to have firearms. |
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November 15, 2013, 10:26 AM | #7 |
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First, without researching Illinois law, it's unclear that storing in the dorm room constitutes "carrying on or about his person." He doesn't seem to be carrying at all. He had the guns stored.
Second, again without researching Illinois law on the definition of "abode" or "legal dwelling," it seems that his dorm room would at least be an "abode" as we commonly understand the term. Merriam-Webster defines the verb as "a temporary stay" and the noun as "the place where one abides." In turn, the most applicable definition of "abide" is "to stay or live somewhere." The term "legal dwelling" may indicate something less transitory. The statute to which Patriot86 links doesn't say anything about universities. There is mention of "schools" but that most likely refers to schools up through high school. I bet there is a statute that allows universities to set their own policy. That statute might define violation as unlawful use. Otherwise, the correct charge would appear to be trespassing. |
November 15, 2013, 09:47 PM | #8 |
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Even if a student were to seek a residence outside the dorm, he/she should be careful that it is not also school property where the same rule would apply. It would not apply to a privately owned apartment or home in which the student would have a room or an apartment. But many schools require that students live in a dorm or in a school-approved residence for at least the first year, and some require an approved residence for the entire period of attendance; the approved residence, to gain approval, might have to follow the same rules as the dorm.
Jim |
November 16, 2013, 09:08 AM | #9 |
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According to this account:
http://chicago.cbslocal.com/2013/11/...iversity-dorm/ He has been additionally charged with "Unlawful use of a stored weapon" This has me very confused, reading the statute, I can't find anything that would apply. I wish we had more details.
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November 16, 2013, 12:04 PM | #10 |
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It's Chicago, folks, stop trying to make sense of it. We have 'assault ammunition' laws....<facepalm>
I agree, though-don't like the rules, don't play their game. Larry
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November 16, 2013, 10:21 PM | #11 | |
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I would NEVER rent a place that strips me of my 2a rights. Cnon |
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November 18, 2013, 02:56 AM | #12 |
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No, it's not Chicago. NIU is in DeKalb, in DeKalb County, not Cook County. But it is Illinois. and he is facing a lifetime weapons ban, separate and apart from being expelled and imprisoned.
I wonder though, how does one "unlawfully use" a stored weapon? |
November 18, 2013, 09:58 AM | #13 | |
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November 18, 2013, 01:15 PM | #14 |
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I have never heard of a crime such as unlawful use of a stored weapon, I often find though that the charges sited in the press/at LEO press conferences are improperly states/inaccurate vs the court documents.
They can either charge him with UUW or AUUW; though I believe AUUW was thrown out earlier this year because the circumstances for the aggravating factor. Hopefully this guy gets a good lawyer and shuts up.
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November 18, 2013, 06:51 PM | #15 | |
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