Legal Question in Criminal Law in Illinois

If an “Agent of the Government”, i.e. police officer, comes to my home with the intent to confiscate my firearms without a search /seizure warrant. Can I use force to defend my rights? I understand, or at least believe, that I could seek relief under deprivation of civil liberty under color of law. But to resist with force or the threat of force. Would that be grounds for an affirmative defense? If so, is there any existing case law to support this argument? Thank you for your time.

Asked on 4/09/13, 12:15 pm

2 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Why would anyone come to your home to confiscate your firearms?

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Answered on 4/09/13, 4:59 pm

George Ellis The Ellis Law Firm

No agent of the government is going to come to your home to "confiscate" your firearms without a warrant. But, if that did happen, you would not be within your rights to resist with force or the threat of force. If they properly identify themselves and you know they are "Agent[s] (sic) of the Government" then you have a legal duty to first comply and seek redress in a proper forum. We do not live in the Wild West and there are courts in which you can press your claim and seek the return of your firearms. What, do you think criminals will be alerted to your lack of firearms immediately after the government has confiscated them and you then will not have those weapons for use to protect your hearth and home. Get a grip guy.

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Answered on 4/10/13, 8:34 pm

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