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Illinois State Police release ‘statement’ on the ‘masks + gun = felony’ issue

April 28, 2020

Illinois State Police Director Brendan Kelly and Governor “Judgement: Bad” Pritzker. Belleville News Democrat photo.

The Illinois State Police have responded to our story and others pointing out that the Governor’s Executive Order requiring the use of a mask in public directly conflicts with Illinois gun laws.

In fact, it’s a class 4 felony as we wrote Sunday evening.

From NewsChannel20:

“The Governor’s Executive Order regarding the wearing of masks or protective facial coverings in public settings during this serious global pandemic was not intended to negatively impact permit holders under the Illinois Concealed Carry Act while legally carrying firearms. The Executive Order does not require or suggest that law enforcement should arrest or criminally charge conceal carry license permit holders for wearing protective masks while in public as long as they are complying with the other provisions of the Illinois Concealed Carry Act and are not committing any other violations of Illinois law. ISP has confidence that law enforcement officers across the state will use appropriate judgment and that elected State’s Attorneys will likewise exercise sound prosecutorial discretion.”

So gun owners trying to live life as good citizens following the governor’s edict to wear a mask in public have to count on officer and prosecutor discretion to avoid a felony conviction and lose their gun rights for life.

A goodly number of our readers have the inclination to tell our Governor Pritzker to go pound sand on his public masking requirement as gun owners.  They follow the law religiously.  Who can blame them for skipping the mask if forced to chose between a committing a felony for wearing a mask and skipping the mask and being asked to leave a store.

While the risk of arrest and prosecution remain low, the potential for life-long complications relating to a felony arrest remain very high.

11 Responses to Illinois State Police release ‘statement’ on the ‘masks + gun = felony’ issue

  1. KK on April 28, 2020 at 3:44 pm

    Every report of the Hutt’s edict leaves out the part about wearing the mask if medically able to do so. That’s all you have to tell anyone, and if they ask why, tell them your medical issues are no one else’s business.
    I really don’t envision someone following you around and asking you to leave the store.

  2. Timothy Lewis on April 28, 2020 at 4:02 pm

    This is an easy one, if carrying don’t wear a mask. I mean hell, whats worse some ticket for failure to wear a mask in public or a class 4 felony? I’ll take the ticket.

    • KK on April 28, 2020 at 7:57 pm

      If a cop writes someone a ticket, doesn’t it have to be for violation of an identified statute? There is no statute making it a law to wear a mask, so what statute would they cite for that? Right, none.

      • Ron on May 2, 2020 at 6:11 pm

        I heard one video where an officer said not following the distancing/mask rule was alarming the public and creating a public nuisance. Truth is there are enough obscure laws on the books it’s almost impossible to not violate something. Quite a few books on the subject. One more area of government needing cleaned up

  3. Spartan Tactical Training Group, LLC on April 28, 2020 at 4:33 pm

    (Shared from Spartan Tactical Training Group Alumni page)

    I’m seeing this conversation pop up all over the Internet. I’ve had E-mails, texts and phone calls on this issue.

    The UUW law wording is being taken completely out of context and implying that the “Intent to conceal identity” section applies to folks legally carrying firearms under ICCL law. Come on!!!

    We are not wearing face masks “with intent to conceal our identity”!
    We are wearing face masks because the State has declared a medical emergency and mandates that people wear masks in public to reduce the spread of COVID.

    When it’s -20 degrees outside in mid-February and you wear a face mask to protect your face from frostbite while you are carrying concealed, are you wearing the cold weather face mask “with intent to conceal your identity” or are you trying to avoid getting frostbite?

    When you wrap a scarf over your mouth and face because it’s friggin’ cold outside, are you doing that “with intent to conceal your identity” while legally carrying a firearm? NO!

    Exactly!!!

    A stupid conversation fueled by misinformation that has been spread in a fear-driven context just to create controversy on the Internet.

    The “intent” section of the UUW law is in place for additional criminal charges. So, if you plan on committing a crime while wearing a face mask, you will be charged with the crime you commit + “wearing a face mask to conceal your identity” while in the commission of that crime.

    NOBODY is getting locked up for wearing a face mask in public while in compliance with COVID PPE mask rules and legally carrying a firearm under ICCL law.

    Now, if the Governor of Illinois wants to Executive Order some kind of bullshit restriction into place about this, that’s another story. Until then, carry as normal and wear your friggin’ mask when in public.

    Stay safe. – Krup

    • Dom g on April 28, 2020 at 5:45 pm

      100% agree. This has been my take all along. Besides, there is NO exemption in the UUW law for Police. They’re also carrying guns and wearing masks. This is a non issue if you’re otherwise following the law.

    • jboch on April 28, 2020 at 7:39 pm

      Krup (and others):

      So if you happen to find yourself carrying in a prohibited area with your medical mask on, suddenly you go from a $150 fine (and they can’t take your gun) to a class 4 felony. And they take all your guns. Permanently.

      Or if you’re caught speeding while wearing a mask.

      I use these not to knit-pick, but as practical applications of how malicious government agents could cause a well-meaning person a lifetime of trouble.

      Not acceptable in my mind.

      John

  4. m. on April 29, 2020 at 6:25 am

    only commie d-sucker lawyers would create this kind of confusion. f**k you useless a**holes

  5. tom on May 1, 2020 at 3:48 pm

    while I agree with everything Krup says I still don’t trust the government been lied to to much

  6. Travis Stout on May 1, 2020 at 4:15 pm

    Krup’s post is one that I wish was something that was true,because that is the way several others and I believe it should be, however we live in Illinois , and too many times those at the top in leadership have lied,and twisted things to fit there agenda,whether it fits the rights of the people or not.. sadly I just been lied to too many times to take things at face value and too believe certain people.

  7. Adam on May 27, 2020 at 11:41 pm

    I have never not will I ever wear a mask in public. Pritzger is a pig and not my governor.