Legal Gun Carrier Arrested for Wearing COVID-19 Mask while Carrying?

Published on April 26, 2020
Duration: 10:45

This video discusses the potential legal conflict in Illinois between mandatory COVID-19 mask orders and existing unlawful use of a weapon statutes that prohibit being masked while carrying a firearm. Instructor Mike, with a background in criminal justice and law enforcement, explains that while the law exists, the current situation, driven by an executive order, could be argued as entrapment. He advises compliance with mask mandates to avoid arrest, emphasizing that carrying a firearm is for self-defense, not to avoid legal consequences. The video also touches on the legal basis for police stops, referencing Terry v. Ohio, and the importance of understanding firearms laws.

Quick Summary

Illinois law prohibits carrying a firearm while masked to conceal identity, a Class 4 felony. However, mandatory COVID-19 mask orders may create a legal defense of entrapment, as individuals are compelled by government order to act in a potentially illegal manner. Instructor Mike advises compliance with mask mandates to avoid arrest and emphasizes that carrying a firearm is for self-defense.

Chapters

  1. 00:00Introduction: Illinois Governor and Legal Counsel
  2. 00:20Instructor Mike's Introduction and Social Media
  3. 00:38Information on Wearing Face Masks in Public
  4. 00:44Illinois Mask Mandate Context (COVID-19)
  5. 01:12Aggravating Factor: Covering Face with Weapon
  6. 01:36Argument from Edgar County Watchdogs
  7. 02:00Executive Order Conflict: Gun Owner Rights vs. Mask Compliance
  8. 02:21Proposed Executive Order Text
  9. 02:56Illinois Criminal Code: Unlawful Use of Weapon
  10. 03:36Writer's Oversight: Entrapment
  11. 03:50Disclaimer: Not Legal Advice
  12. 04:04Instructor Mike's Background
  13. 04:10Purpose of Carrying a Firearm
  14. 05:00Definition of Entrapment
  15. 05:22Police and Executive Branch of Government
  16. 06:05Entrapment and Police Action
  17. 06:16Advice: Comply and Stay Alive
  18. 06:35Handling a Police Encounter
  19. 06:41Using the Term 'Firearm' vs. 'Gun'
  20. 07:02Seeking Legal Counsel
  21. 07:12Advice for Consideration
  22. 07:16Don't Be Influenced by Ignorance
  23. 07:30Exercising Second Amendment Rights
  24. 07:50Protecting Yourself from Coronavirus
  25. 08:08Understanding Concealed Carry
  26. 08:25Chicago Stop Example
  27. 08:43Terry v. Ohio and Reasonable Suspicion
  28. 09:45Police Wearing Masks
  29. 10:00Exemptions in Law
  30. 10:02Police FOID Cards
  31. 10:12Don't Be Gullible, Do Research
  32. 10:27Instructor Mike's Call to Action

Frequently Asked Questions

Can wearing a COVID-19 mask while carrying a firearm in Illinois lead to arrest?

Yes, Illinois law (Criminal Code Section 24-1-9) prohibits carrying a firearm while masked in a way that conceals identity, making it a felony. However, the speaker argues that mandatory mask orders could create a legal defense of entrapment, as individuals are compelled by the government to act in a potentially illegal manner.

What is the legal basis for police stops related to firearms in Illinois?

Police stops are often based on 'reasonable suspicion' established in Terry v. Ohio. This requires articulable facts suggesting a crime has been or is about to be committed. In a concealed carry state, a visible bulge alone may not meet this standard without additional suspicious factors.

What is Instructor Mike's advice for legally armed citizens during a police encounter?

Instructor Mike advises compliance, slow movements, and clear communication. He suggests using the term 'firearm' instead of 'gun,' stating its location if asked, and letting officers remove it. He emphasizes seeking legal counsel if arrested and prioritizing survival over confrontation.

Does Illinois law exempt police officers from mask mandates when carrying firearms?

The speaker suggests that current Illinois law, specifically the unlawful use of a weapon statute, does not explicitly exempt police officers from the prohibition against being masked while carrying a firearm. This raises questions about potential violations by law enforcement themselves.

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