what happens if you, live in Chicago/Oak Park, legally own a handgun (w/foid card), keep it in your house (against city ordinance), and.......have to end up using it to take down (kill) a burglar in a home invasion/ self-defense situation?
Is it still misdemeanor at that point or does it a felony at that point?
According to a CPD detective who I posed a similar question to, if you otherwise legally own the gun and the investigation does not warrant any charges because you were defending yourself from an unknown attacker who illegally entered your home, chances are you would not even be charged on the city ordinance. In which case you would likely even have the gun returned to you.
Having a prior relationship with the person who was shot or inviting/allowing them into your home would complcate matters, but if the shooting still proved justifiable, the outcome would be the same.
A felony would only be charged if the shooting was deemed not justified or if the gun was possesed illegally i.e. stolen or serial # tampered or it tested in ballistics as having been used in a crime etc.
He also told me that if one should ever have to use an unregistered firearm to protect themself in their own home one should not answer any questions without an attorney present... and one should just repeat "I was in fear for my life...he (she) threatened my life."
As a sidenote, there is an inconsistency to the Chicago handgun ban. Anyone who had a gun before (approximately) 1982 and registered it and kept the registration current is not in violation of the city ordinance.
In my opinion (I'm not a lawyer)...that violates the equal treatment under the law part of the constitution.