Can I carry a handgun while wearing a mask? With the government attempting to roll back out new masking requirements a lot of folks have been asking this very question. The Armed Attorneys break down the (what we thought was settled) online debate.
Check out: 720 ILCS 5/24-1. https://www.ilga.gov/legislation/ilcs/documents/072000050K24-1.htm
D.C. Code § 22-3312.03.
*D.C. law temporarily suspended but will be back in effect on April 16, 2022.
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Today we’re talking about caring while wearing a mask … what are the kind of assumptions we have to make when we’re discussing this topic right i mean just our baseline assumption here we’re talking about carrying guns and wearing a mask is that you’re carrying legally so whatever that means for you and your state whether it be under the authority of a license or permit or potentially just a lawful carry under permit less carry but baseline you are lawfully carrying your weapon now we add the masks in yeah and what started this discussion was kind of all the hubbub we saw online facebook groups read it and even on youtube and i believe it started in the state of Illinois uh with hey you’ll be charged with a class d felony if you’re carrying while wearing a mask and as we know you know that may not apply to all the states and what we have found based on our kind of cursory research of of this of this issue and again we’re licensed in the state of texas but the vast majority of states do not criminalize caring while wearing a mask and in fact there’s just a handful so what would you say is that first category that we’re talking about Emily yeah so there are you know places that criminalize the category of wearing a mask with the intent to commit some sort of criminal act and for that you know our medical masks are you know when we have to wear them are not going to constitute i mean if you’re just carrying going about your business going to the grocery store and the grocery store says you have to wear a mouse to come in here that’s not going to con student intent to commit a criminal act but then we have two places where actually it does appear and again we are not licensed in these places but it does appear as though the law could be interpreted to criminalize just your average carry while wearing that medical mask and those places are the District of Columbia and the State of Illinois yeah and i think as gun owners we have this kind of an inherent feeling like i shouldn’t lose my self-defense rights because the government’s forcing me to wear a mask … if you put on a mask with the intent to go knock up a liquor store or go burglarize a building you know that could be a crime and that is a crime in quite a few states so i as long as you’re intending to carry for self-defense purposes you’re not out to commit a crime uh you shouldn’t have an issue but that brings us to our pro tip of the day emily why don’t you kick us off yeah and you know i think um we may start to see this where you know we’re in the holiday season now and you know there are um you know reports of potential new variants emerging anytime these things happen we’re going to see not only governments trying to impose more mass mandates but also private businesses who might choose to up their criminal trespass rules and so our pro tip of the day is criminal trespass is your heightened security at the entrances of interests of businesses you’re going to see more and more employees who are enforcing rules whether that be a no carry rule or other if the person has a parent authority for the business make sure that you are respecting their criminal trespass rules um you know tell them you don’t like it with your money go spend it somewhere else but in most places you know i mean here in texas if you disobey that criminal trespass based on having a firearm you’re committing an arrestable offense …
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