Legal Question in Real Estate Law in Illinois

I have a neighbor who is elderly. I've had trouble with her for years, however it has gotten much worse. My 18 year old son, last week was using a bb gun in our yard. We live in DuPage County IL. My neighbor, nowing full well what she was doing called the Lombard police and said there is a man with a gun in my yard. They flew onto my street, dragged my son out of the house with 8 guns pointed at his head, cuffed him and took him to the police station. He received a $75.00 ticket for using a bb gun in a residential area (I don't even think it is a crime on private property). What recourse do I have. She endangered my son's life.


Asked on 4/14/10, 8:59 am

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

I cannot think of any "recourse" you have. I assume your son is fine, so you have no actual damages. It does not seem that unreasonable for an elderly (or even a youthful) person to contact the police when an adult is firing a weapon in your vicinity. It also does not seem unreasonable for the police to respond as they did. It would seem unlikely she would be able to distinguish a b-b gun from any other gun from even a small distance. I can tell you that it is unlawful to discharge a firearm within 300 yards of a residence in Illinois. I am not certain whether there is an exception for b-b guns. There may also be local ordinance which prohibits this. Your son, as an adult, should contact an attorney if he desires to defend this ticket.

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Answered on 4/19/10, 12:48 pm

Your community may have some kind of neighbor conciliation program. Elderly people crave attention, and many are easily frightened. There may be issues that you are not aware of, including alzheimers or other form of dementia. Point is things could get even worse; she might imagine something and then if this incident becomes a conviction of any kind, who knows. You clearly are at wit's end, but yes Mr. Moens's suggestion about getting an attorney could be important at this stage of your son's life. Hopefully this is a "first offense" even though ignorance of the law is no excuse... We are living in an age when we are estranged from each other. For your son's sake perhaps attempting to make things work for the interim with the lady, who may not have many years left, may wind up being the best lesson you can give him.

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Answered on 4/19/10, 5:14 pm


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