Legal Question in Criminal Law in Illinois

I have a question that might seem off key, if you want to say that. My kid brother who is a few years younger than I but well more than a legal adult purchased, a CO2 BB Gun last evening at a Wal-Mart. When we arrived home in our rural community, although we live inside of town with a good police presence, he opened it up, loaded the gun, & several minutes later, I heard him shooting it outside. I was trying to explain to him, that in our state and area you can not have any kind of weapon on you out in the open, even a bb gun, especially CO2. He became very irrational and upset. I have had to return the bb gun to the store over the fact I don't want him in jail, & I know he would not survive in County Jail over his temper. My main question is this. Is or is not legal to have a CO2 powered bb gun out in the open community, even on your own property in the State of Illinois in daytime or evening. Thank you I'm sorry for writing a novel but any help would be appreciated.


Asked on 12/05/13, 9:17 am

1 Answer from Attorneys
Stephen Messutta

The Illinois Air Rifle Act, which covers bb guns, is something you should review WITH your son. 2005 Illinois Code - Chapter 720 Criminal Offenses 720 ILCS 535/ If you have any other questions you may then want to contact your local law enforcement folks, or an attorney if you feel more comfortable doing that. Because another question is whether the gun in question complies with what is a bb gun is supposed to be. You'd think a chain like Wal-Mart would be able to tell you but ultimately they're not responsible -- you are.

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Answered on 12/09/13, 12:16 pm


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