Does Illinois have a Castle Doctrine? My answer is: it depends. Although that answer is technically accurate, it tends to leave people a tad annoyed. It doesn’t give them the “yes” or “no” that they wanted. Illinois does not have a statute titled “Castle Doctrine”. However, there are multiple statutes that work as a form of Castle Doctrine. Defense of a person Illinois law first clarifies when a person can use force in defense of themselves or another person. “A person is justified in the use … [Read more...] about Castle Doctrine and Illinois Law
The Second Amendment protects the right to keep and bear arms. Massachusetts just got schooled on how the Second Amendment works and what instruments are protected under it in Caetano v. Mass., 577 U.S. (2016). If the per curiam opinion was all there was to the decision I wouldn’t be sitting here writing this . However, Justice Alito decided to write a concurring opinion in which Justice Thomas joined. That is where things get interesting. Quick background: Jaime Caetano … [Read more...] about Second Amendment Smackdown for Massachusetts
Generally, there is a fair amount of decorum in litigation. However, I've been practicing for over ten years now and it never ceases to amaze me when lawyers completely lose their sh*t. I haven't seen it happen often but when it does, it's always a surprise and quite the spectacle. It's so rare that I was only reminded of it from an article I was reading today: Scorched Earth Letter. Either I'm missing something or those attorneys really take their strip clubs seriously. Example, please? While … [Read more...] about Decorum in Litigation: Fantasy or Possibility?
In Part 2 of this series on the Illinois Concealed Carry Law, I discussed the types of weapons that can be carried, the areas where you’re allowed to carry, and the penalties for a violation of the law. The concealed carry law is officially codified as “Firearm Concealed Carry Act” and you can read it at 430 ILCS 66, et. seq. I would encourage everyone to read it through, at least once. Even though it is dry and filled with legalese, it is worth spending the time to read through the statute. If … [Read more...] about Illinois Concealed Carry Law, Part 3 – 430 ILCS 66
In Part I of this series on the Illinois Concealed Carry Law I discussed the issuance of permits, the qualifications for obtaining a permit, and the training you need to get a permit. The concealed carry law is officially codified as “Firearm Concealed Carry Act” at 430 ILCS 66, et. seq. In this part, I’m going to discuss what type of weapon can be carried, where you cannot carry a concealed weapon, and what happens when you break this law. What Kind of Weapon Can I Carry Concealed? Simply … [Read more...] about Illinois Concealed Carry Law, Part 2 – 430 ILCS 66