Fellow Patriot, Feb 21, 2014 (updated 7/3/14)
I want to set a precedent for gun laws in Illinois. My name is Derek Leonard. I am a former U.S. Marine, resident of Missouri, and a supporter of the Constitution of the United States and our God given right to bear arms. I am writing you about a legal matter I am currently involved in.
On December 19, 2013, I was arrested in Adams County, Illinois, and I am being charged with “unlawful use of weapons.” I firmly believe that I was wrongfully arrested, my property wrongfully confiscated, and the charges being brought against me to be completely false. I have communicated with the states attorney bringing the charges against me, and explained my concerns, but for the time being the charges still stand. That being said, I’m looking for all the help I can get in beating this thing, and hopefully setting a precedent to affect future unconstitutional cases in Illinois. At first this may sound like I am ignorant of the law, but please read through. It will all be very clear by the end of this letter
So here’s the situation. In Missouri, I can carry firearms loaded and uncased in my vehicle, without a CCW (which I don’t have because I procrastinated) . I regularly carry a loaded Sig .380 in my vehicle, and sometimes I have my Ruger 10/22 in the back seat. The day I was arrested, I had both in my vehicle. Both were uncased, the Sig was loaded and the Ruger was not. My job consist of traveling to customers facilities, and that day I drove to Quincy, Il for work. As I was headed home that evening, I was pulled over for speeding, and slid the .380 under my passenger seat, hoping to avoid any issues. The state trooper noticed the 10/22 in the backseat, and after searching my vehicle, found the .380. I was arrested and held for a couple hours at the Adams County jail, then released on bail.
My first court date was set for Jan 19. I showed up, and was told to come back on Feb 7, because the states attorney still didn’t know if they had anything to charge me with, due to changes in the law. At my second court appearance, I was informed that I am being charged with unlawful use of weapons, for knowingly carrying a concealed pistol. No mention of the 10/22. The states attorney gave me her phone number to discuss a bargain, and another court date was set for March 7.
I called the states attorney the following Monday, and she detailed what the state was offering as a bargain. In my opinion, it’s an excellent deal, and I couldn’t blame anyone for accepting it. However, I didn’t serve my country for nearly ten years, risking my life for a cause I didn’t understand the first thing about, just to turn around and drop trau in regards to something I do care about, regardless of the quality of lube. So I sent her a professional email which referenced Illinois and Missouri law, which together clearly state that as a Missouri resident and a non-resident of Illinois, I can legally carry a concealed pistol in my vehicle in Illinois, without a CCW. The following explains my reasoning.
Per the definition in HB 0183,”Firearm Concealed Carry Act” (of Illinois) Section 40, Subsection (a), I am considered a non-resident in Illinois. As such, the following applies.
From HB 0183, Section 40, Subsection (e):
Nothing in this Act shall prohibit a non-resident from
transporting a concealed firearm within his or her vehicle in
Illinois, if the concealed firearm remains within his or her
vehicle and the non-resident:
(1) is not prohibited from owning or possessing a
firearm under federal law;
(2) is eligible to carry a firearm in public under the
laws of his or her state or territory of residence; and
(3) is not in possession of a license under this Act.
If the non-resident leaves his or her vehicle unattended,
he or she shall store the firearm within a locked vehicle or
locked container within the vehicle in accordance with
subsection (b) of Section 65 of this Act.
Referencing the above, I am not prohibited under federal law from owning or possessing firearms, and I am not in possession of a license under Illinois’ Firearm Concealed Carry Act. Also, I am eligible to carry a firearm in public in Missouri, without the need for a permit. It is well known and a common practice in Missouri, that any person age 21 or over (or 18 if in the military or honorably discharged from the military) may possess an uncased firearm, concealed or open, in the cab of their vehicle. Refer to Missouri Revised Statutes, Chapter 571.030, subsection 3, for confirmation.
The above was in my email to the states attorney. Today (Friday, February 21) I called her to ask her thoughts on the information in the email. She informed me that her interpretation was that it meant I had to have a CCW, but that she would have to consult with her boss, to get his thoughts on the matter.
So that’s where things stand. The section of the law regarding non-residents mentions nothing about a CCW, and specifies that “Nothing in this act shall prohibit.” I believe I have an excellent case for being acquitted, getting my guns back, and setting a precedent in Illinois (of all states?! The anti-gun mecca of the U.S.!) that will benefit our fellow gun owners and patriots in the future. If you, or anyone you know, would like to lend a hand in this case, please let me know as soon as possible, as my next court date is March 7. ANY help you can lend me, from yourself or anyone you know, will be greatly appreciated. You can contact me by phone, email, or facebook. Thank you for your support!
So I stayed in contact with the states attorney over the next couple weeks before my third court date. Several times, she gave me lame excuses for why they were still charging me, and each time I explained how that particular excuse was wrong. It’s been a while so I don’t really remember them. Anyhow, I was getting tired of the games and just wanted to be done with it, so I worked out a plea deal with the states attorney, where I would get my guns back, pay a fine, and the conviction would be off my record after a year. So I went to my next court appearance, ready to accept the plea deal in front of the judge, the same judge I had seen twice before. I guess he was a gun-friendly type, because when he realized I wasn’t getting a lawyer or fighting this thing, he recused himself from the case, saying he disagreed with the charges. I was pretty stoked about that. At this point, the states attorney had to decide if they wanted to continue to press charges. Unfortunately, I got a letter in the mail about a month later saying I had to be in court again. The next day. So I brushed up on my limited law knowledge and went into court, still prepared to take the same plea deal. So this time it was a different judge, and a different states attorneys assistant, neither of which were familiar with my case. When I was called up, I basically just told them I was prepared to accept the previous plea deal. Of course, the old know-it-all judge had to scold me. Problem is, he was wrong. I politely corrected him, literally quoting from written law… just to have him tell me I was wrong. We went back and forth a few times, and then told me to sit down. I overheard him quietly admit to the states attorney that he “hasn’t looked at the law in a couple years.”!! He called in the states attorneys assistant who had handled my case previously, they whispered some things to each other, and then he dismissed my case, “without prejudice”; otherwise, with no judgement as to guilty or innocent. So I went and picked up my guns, payed no fines,and had no conviction; but unfortunately I don’t think this set the precedent I was hoping for. Maybe that’s exactly why they threw the case out. I don’t know. I loaded my guns as soon as I got back over the river, and wasted a cinder block as soon I got home
Semper Fidelis,
Derek L.
III%