Right to Carry - Home & Business

[junglebob]

I posted an article on the Illinois forum about a barber shop owner in Cook County who defended himself against a robber. I got to wondering are there states that don't allow a business owner or home owner to defend themselves with a firearm when in their home or "abode" or "fixed place of business"? The wording "fixed place of business" and "abode" are in the wording of Illinois statutes.

Illinois is bad when it comes to concealed handgun carry of course, its one of two "right denied" states. There is also protection against lawsuits when you defend yourself from a person committing a felony against you or another. There is no "duty to retreat" in your home or business before defending yourself however. I'm wondering if there are some states with worse laws. You can conceal carry or open carry in a business you own, in Illinois. Was the barber in Calumet City conceal carrying? I don't know.

[nodaywithout]

*disclaimer*I am not a lawer so nothing i say is legal advise.

The way i understand it I know that there are obviously places where even if you work there you can not carry, ie schools federal/state buildings etc. and i am sure that if there is any such place where you can not have a loaded firearm in your business it would be Washington D.C. for me if i lived in a bad area (like i used to) and it were illegal to have a loaded firearm inside your work (also in a bad area) personally i would rather just have a loaded gun behind the counter, but as it is said it is better to be jured by 12 than carried by 6

[1911guy]

Illinois is one of the worst, I am not sure of any other state that is as strict on gun control or gun laws. What a shame hey anybody notice where are new president came from? Kinda scary huh

[junglebob]

As far as transporting firearms I can think of one state that is worse, Maryland. New Jersey is another. Hawaii is also very restrictive in this regard, and there aren't many more LTC holders there than Illinois I don't believe. Illinois of course has 0. But if you count mayors, alderman, village presidents and trustees that can carry, we might have more. You can only transport a handgun to a range, or to a gun shop for repair, as I recall. In New Jersey people have been arrested for bringing in a handgun in checked luggage at an airport. I am not saying Illinois gun laws are good, but you can fly into or out of O'Hare Airport in Chicago with a handgun in checked baggage without getting arrested. Also opencarry.org doesn't list Illinois in the top 5 states with the worst firearms laws. We could be #6 I don't know.

There are no restrictions on JHP ammo in Illinois and no magazine capacity restrictions at the state level. No one gun a month purchase restrictions (buy as many as you can afford). You can't own a machine gun, but there is no "assault weapon" ban at the state level.

There are still states with a "duty to retreat" before defending yourself are there not?

I will grant you that Indiana has excellent firearms laws compared to Illinois.

[BiblicalFirst]

Here in Connecticut we can carry inside our own home or place of business without a pistol permit, however, if I want to transport my gun or carry in my yard, it is a good idea to have a permit. I think it is legal to transport my handgun in a car without a permit, but I can't remember the exact laws right off the top of my head.

Of course this is not legal advice.

[junglebob]

Originally Posted by BiblicalFirst

Here in Connecticut we can carry inside our own home or place of business without a pistol permit, however, if I want to transport my gun or carry in my yard, it is a good idea to have a permit. I think it is legal to transport my handgun in a car without a permit, but I can't remember the exact laws right off the top of my head.

Of course this is not legal advice.

BiblicalFirst, You can't carry on your own property outside your house without a permit? The answer to that question in Illinois would be yes. I understand that open carry is legal in Connecticut with a permit, but rare. Have you ever seen it by non LEOs or done so yourself? Or do you live where they will use it as an excuse to revoke your permit

I find it interesting that the opencarry.org website minimum age for carry shows no minimum age for Missouri, Wyoming, Maine or New Hampshire. Illinois's minimum age where its legal, rural unincorporated areas is 18, compared to Connecticut's 21. Of course you aren't limited to rural areas like Illinois.

[In10city]

In South Carolina, you can carry on your property or your place of business if you are the owner or person in legal control of the business. If you are 'just an employee' you have to obtain a permit and permission of the owner or person in control of the business.

Here's the legal mumbo-jumbo:

SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

( 8 ) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;

(13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining the permission of the owner or person in legal control or legal possession of the premises;