In Illinois, law-abiding citizens are prohibited from carrying a loaded firearm for self-defense. Every other state allows it to some extent, but Illinois politicians deny that basic human right to their constituents. We may lawfully carry, however, so long as the firearm is unloaded, enclosed in a case, and we hold a valid “firearm owner identification (FOID) card”. This allows us to be seconds away from safety, and is without a doubt the best way to lawfully stay safe in Illinois. Countless people throughout the state exercise this severely-infringed right to keep and bear arms.
My name is Shaun Kranish, and I’m a law-abiding citizen as well as the founder of ICarry.org, a gun rights group in Illinois. I am one of the citizens that exercise the right to self-defense within the letter of the law. I used to “fanny-pack,” like so many others, and did so on a daily basis. This is the account of my wrongful arrest and false imprisonment.
On the evening of Friday, May 12th, 2006, I had been shopping with my girlfriend at a local mall. For about three and a half hours we strolled in and out of stores, picked out and purchased cards and gifts, and ate at the food court. While we were peacefully walking to the mall exit, we happened to pass by two security guards. They followed and stopped us and then questioned me about the buckled case I wore on my side. They wanted to know what I had inside of it, and I told them it was none of their business and I did not approve of being searched because my personal belongings were private. Despite my protest, the private guards told me to put my hands up and proceeded to forcibly and publicly search me without permission.
After unbuckling and opening my case, they discovered that I was carrying an unloaded gun as Illinois law clearly allows, then handcuffed and detained me on the spot. They called the local police as they dragged me away to a mall “substation,” handcuffed, for everyone to see. As they did, I informed them that I was abiding by the law and implored them to read a copy of the statute along with extra information I carried with me at all times in order to assist and educate officers just in case a situation like this arose.
What happened next could only be described as the horror of being falsely arrested and charged for a crime that I did not commit. I spent two hours handcuffed to a bench in a tiny "holding room" at the mall as two or three security guards along with five or six police officers examined and discussed my letter, and eventually decided to deliberately ignore it and falsely charge me with Unlawful Use of a Weapon, a criminal offense under Illinois statute, in order to cover up and justify my false arrest and search. My girlfriend was harassed, man-handled, searched without cause, and questioned by the police while I was locked and isolated in the next room, unable to do a thing but listen helplessly and try to shout loud enough to be heard.
After some time, while I still remained handcuffed and confined and deprived of the ability to communicate with anyone, including my attorney, my girlfriend was allowed to leave. I was then carted away to the Winnebago County Jail for my first visit ever. There I was questioned endlessly and searched for the fifth time. The officers behind the glass, the transport officer filing out the transfer papers, and the officers behind me all knew that I wanted to post bond. I had already told them which debit card to use for the payment. This search with a metal detector and thorough search by hand of my body didn’t satisfy one of the officers though. He wanted to do a strip search, and no one else protested to protect me.
Warning: The next part can be considered graphically descriptive and contains quotations of what may be considered offensive language. Please use discretion especially if there are young people reading.
Click Here to continue with the full account (graphic) or
Click Here for a version safe for all agesSo, the committed officer and one other took me to a small room. As they chatted with each other and made jokes, they instructed me to take one article of clothing off at a time. They checked each piece of clothing until I was totally naked. They ordered me to hold my arms out and completely turn around as they gawked at and "inspected" me. I was then told to lift up my “cock” and “just the cock” to show them. Next I lifted up “the whole thing” as instructed. Finally, I was to “turn around, bend over, spread your ass-cheeks apart, and cough really hard three times.” I can’t express the level of humiliation of undergoing a strip and body-cavity-search, nor can I fathom to this day why the officer wanted to or needed to subject me to such degradation. The emotional distress I've suffered having to go through this uncalled-for mistreatment hasn't come right away or all at once – but it is lasting and reoccurring.
After much more waiting and being subjected to mug shots, countless fingerprint scans, tons of paperwork to sign, and even more waiting, my bond payment and paperwork was finished. I was finally escorted out of that dirty jail, whereupon I was handed a sealed bag containing most of my personal effects and belongings (not my legally-owned firearm or legal carry-case though!) along with a copy of the criminal complaint: Class A Misdemeanor (Unlawful Use of Weapon) punishable by up to 1 year in prison. My carrying-case, firearm, and accessories were confiscated as "evidence" of my lawful conduct.
It’s important that you realize the dire situation in Illinois. Not only are we denied rights recognized by every other state in the country, but even the minimal rights we’ve retained – the ones contained in Illinois statute
(
www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-1), the Illinois State Police FAQ (
www.isp.state.il.us/foid/firearmsfaq.cfm and
www.concealcarry.org/transgun0-000.pdf and
www.isp.state.il.us/docs/ptfire.pdf) and case law are routinely deliberately ignored at will by police officers! Their attitude is any law-abiding gun owner may be arrested, charged, thrown in jail, and left up for the courts to work it out. Even those of us who invest incredible time and money to study the law, understand the law, get competent legal advice, and make painstaking efforts to abide by the law, are targeted when law enforcement feels it can “get away” with it.
We are saying "no" in this case and all other similar cases that may arise. We will fight cases of wrongful arrest and false charges like this one. If we don’t, we won’t be left with any rights to exercise at all.
My counsel, Walter Maksym, the veteran Chicago constitutional attorney, has won every case of this kind to date: the John Horstman case (dismissed and the DuPage County (States Attorney & Sheriff) paid him $50,000.00 to settle his federal civil rights - false arrest/malicious prosecution suit - had FOID card with unloaded weapon in a back-pack), the Roderick Pritchett case (found not guilty in Cook County after trial - had FOID card with unloaded weapon in a zipped case in front seat of his vehicle), the Eric Booker case (dismissed - had FOID card with unloaded weapon in a case in front seat of his vehicle), as well the dismissed case involving freedom of speech brought against me last year (
www.icarry.org/article166.html).
The law is clear, and though the security guards and police knew it, they falsely charged me despite my innocence. I am confident that with Mr. Maksym's representation I will ultimately be acquitted of this bogus charge and my civil rights will be vindicated. I am looking forward to pleading not guilty and eventually holding the owners and management of the CherryVale Mall, their Security Guards and the Cherry Valley Police to account. However, given my limited resources as a college student, I will be needing and requesting your support in order to do so for the benefit of us all.
Since our ICarry.org organization will be assisting financially with my defense, I would like to encourage anyone interested in gun rights and specifically in helping our terrible situation in Illinois, to consider
joining our organization. We have various levels of membership to choose from and our core member base even includes a number of out-of-state members (we affectionately call them “reinforcements”). Alternatively, you can make a donation
here. We would all like to see our organization grow and support itself financially. Our commitment to law-abiding gun owners is unparalleled and unprecedented in Illinois. Please visit our website at
http://www.ICarry.org to join or simply make a contribution to our cause.
Lastly, I would just like to thank the countless individuals who have been 100% supportive through all of this. Your thoughts, prayers, best wishes, and encouragement have given me the strength I need to get through all of this and try to make the best out of such a bad situation. Thank you for all of your letters, emails, and Internet posts showing your support!! If you would like to reach me, my contact information is on the website and you can email me at the email below. Thank you all for being right with me and beside me through this.
For Press Inquiries: e-mail
sak@icarry.org or contact my attorney, Walter Maksym, at 773-929-2923.
