Couple things.
First, thanks for resurrecting a real dumpster fire of a thread. Which, yeah, I'm contributing to.
Second, it's the Justifiable Use of Force section of the Illinois Criminal Code. It's got nothing to do with concealed carry at all.
Three, anybody can sue anyone for anything. All you need is a lawyer who'll try with you (ha! puns!).
Four--where are you getting "trespasser" from? The Illinois statutes specify entry with the intent to commit a felony, and "violent" forcible entry. That's not trespassing, and there's a really big difference. This is an area where being precise in your language is life-or-death important.
Five, the Illinois statute states, "against the person or estate of the person using such justified force". You can't sue the shooter. But you could probably sue the homeowner if they're not the shooter.
Six, "unless the use of force involves willful or wanton misconduct." You can pretty much bet that, absent an acquittal, you're wide open with this one.
Now, this isn't to suggest that the Illinois law is bad, as laws go.
What I'm suggesting is that relying on laws to protect you is utterly foolish. The truth is you have no protection.
Laws are frequently poorly-written and ambiguously-worded. They are administered and applied by people who are at best fallible human beings, and at worst your sworn enemies. All of us here carry a gun because, while we may have great respect for the police and believe they are doing their utmost to protect us, we do not rely on them for safety.
So why would you place any more faith in laws, DAs, and judges?
|