User Panel
Posted: 2/25/2015 10:43:33 AM EDT
We'll be traveling through Illinois this summer heading for SD for some prairie dog hunting. Several of us carry concealed. Any advice for a guy from PA? We are not planning on stopping simply traveling through. Any thoughts? How rough will the LEOs be if we get caught?
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First, check to see if IL reciprocates. I'm guessing it doesn't. I've seen conflicting info over which states it does reciprocate for, but PA is never on the "yes" side of it.
Second, there's laws about out-of-staters bringing firearms through IL. I am pretty sure it's okay if it's in a closed container in your passenger compartment or in your trunk (double check of course). If IL doesn't reciprocate with your state's CCW and you get caught with the gun in your possession, it's going to depend on what part of IL you go through, but it's unlikely to be pleasant. Definitely avoid the entire Chicago area if you want to actually carry or have it accessible in your car against the law. Basically, IL allows carry-through of firearms in closed containers in trunks in cars. I'm not 100% on the law, but going much further than that is going to run you into legal troubles. |
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Under our new concealed carry law, a non-resident who is eligible to carry in his home state can carry loaded in a vehicle while driving through Illinois. If you leave the car you must either leave the gun in the car or unload and encase. You can have a loaded gun on you or in your car and it does not have to be cased or out of reach.
Edited to add the applicable law... (e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident: (1) is not prohibited from owning or possessing a firearm under federal law; (2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence; and (3) is not in possession of a license under this Act. If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act. View Quote |
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Yes, What Roadhawk said.
Long guns just need to be unloaded and enclosed in a case...no restrictions on where they are located or where the ammo is carried in the vehicle. |
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And remember - a "concealed firearm" (see Roadhawk's post) in IL means a handgun only.
So make sure your rifles used for hunting are unloaded and completely enclosed in a case! You will be spending very little time in Chicago assuming you travel on I-80. Follow the law in the quoted section and you won't have any trouble. |
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Quoted:
First, check to see if IL reciprocates. I'm guessing it doesn't. I've seen conflicting info over which states it does reciprocate for, but PA is never on the "yes" side of it. Second, there's laws about out-of-staters bringing firearms through IL. I am pretty sure it's okay if it's in a closed container in your passenger compartment or in your trunk (double check of course). If IL doesn't reciprocate with your state's CCW and you get caught with the gun in your possession, it's going to depend on what part of IL you go through, but it's unlikely to be pleasant. Definitely avoid the entire Chicago area if you want to actually carry or have it accessible in your car against the law. Basically, IL allows carry-through of firearms in closed containers in trunks in cars. I'm not 100% on the law, but going much further than that is going to run you into legal troubles. View Quote pay no attention to this post, non of it is true for handguns |
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And remember - a "concealed firearm" (see Roadhawk's post) in IL means a handgun only. So make sure your rifles used for hunting are unloaded and completely enclosed in a case! You will be spending very little time in Chicago assuming you travel on I-80. Follow the law in the quoted section and you won't have any trouble. View Quote View All Quotes View All Quotes Quoted:
And remember - a "concealed firearm" (see Roadhawk's post) in IL means a handgun only. So make sure your rifles used for hunting are unloaded and completely enclosed in a case! You will be spending very little time in Chicago assuming you travel on I-80. Follow the law in the quoted section and you won't have any trouble. While the absolutely safest method - in terms of an overly eager officer supported by a rabidly anti-2A DA and an uncontrollable compulsion to agree to the question "may I search your vehicle?" - is as described, the law states: this subsection (a) (4) (covering possession of firearms in vehicles or upon your person) does not apply to or affect transportation of weapons that meet one of the following conditions:
(i) are broken down in a non-functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container If they're in the trunk*, and the trunk cannot be readily accessed from the passenger compartment they're fine legal, loaded or unloaded. If they're in the trunk broken down they're fine legal. If they're in the passenger compartment broken down they're fine legal, even uncased. If they're immediately accessible they need to be unloaded and enclosed, except for CCH's as described. 720 ILCS 5 - Deadly Weapons * "trunk" in this case would also include the rear of a pickup, a trailer or cargo topper, as long as it's an area that cannot be reached from the passenger compartment. Edited to clarify that "fine" may be legal, but not acceptable to certain uninformed or biased officers; ad there are too many who feel it's perfectly acceptable to ignore the law, especially wheen they're given attaboys by their superiors. Stay out of Chicago and the chances of that behavior decrease dramatically though. |
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While the absolutely safest method - in terms of an overly eager officer supported by a rabidly anti-2A DA and an uncontrollable compulsion to agree to the question "may I search your vehicle?" - is as described, the law states: If they're in the trunk*, and the trunk cannot be readily accessed from the passenger compartment they're fine legal, loaded or unloaded. If they're in the trunk broken down they're fine legal. If they're in the passenger compartment broken down they're fine legal, even uncased. If they're immediately accessible they need to be unloaded and enclosed, except for CCH's as described. 720 ILCS 5 - Deadly Weapons * "trunk" in this case would also include the rear of a pickup, a trailer or cargo topper, as long as it's an area that cannot be reached from the passenger compartment. Edited to clarify that "fine" may be legal, but not acceptable to certain uninformed or biased officers; ad there are too many who feel it's perfectly acceptable to ignore the law, especially wheen they're given attaboys by their superiors. Stay out of Chicago and the chances of that behavior decrease dramatically though. View Quote View All Quotes View All Quotes Quoted:
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And remember - a "concealed firearm" (see Roadhawk's post) in IL means a handgun only. So make sure your rifles used for hunting are unloaded and completely enclosed in a case! You will be spending very little time in Chicago assuming you travel on I-80. Follow the law in the quoted section and you won't have any trouble. While the absolutely safest method - in terms of an overly eager officer supported by a rabidly anti-2A DA and an uncontrollable compulsion to agree to the question "may I search your vehicle?" - is as described, the law states: this subsection (a) (4) (covering possession of firearms in vehicles or upon your person) does not apply to or affect transportation of weapons that meet one of the following conditions:
(i) are broken down in a non-functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container If they're in the trunk*, and the trunk cannot be readily accessed from the passenger compartment they're fine legal, loaded or unloaded. If they're in the trunk broken down they're fine legal. If they're in the passenger compartment broken down they're fine legal, even uncased. If they're immediately accessible they need to be unloaded and enclosed, except for CCH's as described. 720 ILCS 5 - Deadly Weapons * "trunk" in this case would also include the rear of a pickup, a trailer or cargo topper, as long as it's an area that cannot be reached from the passenger compartment. Edited to clarify that "fine" may be legal, but not acceptable to certain uninformed or biased officers; ad there are too many who feel it's perfectly acceptable to ignore the law, especially wheen they're given attaboys by their superiors. Stay out of Chicago and the chances of that behavior decrease dramatically though. Yes, but the Wildlife Code also comes into play which requires unloaded and encased. See the State Police transport brochure. |
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Yes, but the Wildlife Code also comes into play which requires unloaded and encased. See the State Police transport brochure. View Quote Try getting one of those brochures...they are out of date and unavailable... This code violation has always only applied to: while you are hunting. |
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Yes, but the Wildlife Code also comes into play which requires unloaded and encased. See the State Police transport brochure. View Quote Trust the ISP? on a gun issue? The same folks who used to include an excerpt of the UUW statute and reference the definition of "case" under the WC before the definitions were made identical? While I could understand their including it "in case some hunter from out of state picks up the pamphlet" we're talking about the same agency that used to advise women to tell men attempting to rape them that they were pregnant, or to vomit on themselves... oh, and did you know that a gun is more likely to be used against a defender than not? The same folks who had representatives testify under oath at hearings on the FCCA that CCW holders would enter restaurants serving alcohol with the intent of drinking themselves into intoxication to skirt the ban on CCW in bars? No offense but . Until I see convictions of someone who was not afield taking game, either legally or illegally, the application of the WC is a bogeyman. |
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So if I read this correctly; even though IL and MN don't have reciprocity I can still carry a loaded firearm in my vehicle?
Need to pick someone up from Midway in the near future when I visit IL. Any concerns in Midway area? Thanks Quoted:
Under our new concealed carry law, a non-resident who is eligible to carry in his home state can carry loaded in a vehicle while driving through Illinois. If you leave the car you must either leave the gun in the car or unload and encase. You can have a loaded gun on you or in your car and it does not have to be cased or out of reach. Edited to add the applicable law... View Quote View All Quotes View All Quotes Quoted:
Under our new concealed carry law, a non-resident who is eligible to carry in his home state can carry loaded in a vehicle while driving through Illinois. If you leave the car you must either leave the gun in the car or unload and encase. You can have a loaded gun on you or in your car and it does not have to be cased or out of reach. Edited to add the applicable law... (e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident: (1) is not prohibited from owning or possessing a firearm under federal law; (2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence; and (3) is not in possession of a license under this Act. If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act. |
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I can still carry a loaded firearm in my vehicle View Quote Yes, on you or in your vehicle you can carry a loaded handgun if you are legal to do same in your home state. |
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Yes, on you or in your vehicle you can carry a loaded handgun if you are legal to do same in your home state. View Quote View All Quotes View All Quotes Quoted:
I can still carry a loaded firearm in my vehicle Yes, on you or in your vehicle you can carry a loaded handgun if you are legal to do same in your home state. +1. Just don't get out armed. |
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So if I read this correctly; even though IL and MN don't have reciprocity I can still carry a loaded firearm in my vehicle? Need to pick someone up from Midway in the near future when I visit IL. Any concerns in Midway area? Thanks View Quote View All Quotes View All Quotes Quoted:
So if I read this correctly; even though IL and MN don't have reciprocity I can still carry a loaded firearm in my vehicle? Need to pick someone up from Midway in the near future when I visit IL. Any concerns in Midway area? Thanks No issues, at least according to the law. By some miracle the people that managed the bill through the IL legislature got us statewide preemption for handguns. Just make sure you follow the law quoted in this thread. ETA: (b) Notwithstanding subsection (a) of this Section, the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition by a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, enacted on or before the effective date of this amendatory Act of the 98th General Assembly that purports to impose regulations or restrictions on a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act in a manner that is inconsistent with this Act, on the effective date of this amendatory Act of the 98th General Assembly, shall be invalid in its application to a holder of a valid Firearm Owner's Identification Card issued by the Department of State Police under this Act. (c) Notwithstanding subsection (a) of this Section, the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with this Act, shall be invalid unless the ordinance or regulation is enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly. Any ordinance or regulation described in this subsection (c) enacted more than 10 days after the effective date of this amendatory Act of the 98th General Assembly is invalid. An ordinance enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly may be amended. The enactment or amendment of ordinances under this subsection (c) are subject to the submission requirements of Section 13.3. For the purposes of this subsection, "assault weapons" means firearms designated by either make or model or by a test or list of cosmetic features that cumulatively would place the firearm into a definition of "assault weapon" under the ordinance. (d) For the purposes of this Section, "handgun" has the meaning ascribed to it in Section 5 of the Firearm Concealed Carry Act. (e) This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (Source: P.A. 98-63, eff. 7-9-13.) |
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Thanks,
Hopefully the weather is nice when I'm out IL in a few weeks. Kudos to IL legislature for having some common sense. Now to push my local reps to get reciprocity with IL |
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Now to push my local reps to get reciprocity with IL View Quote That sure wouldn't hurt...pressure from you side along with pressure from our side...The problem is on our end...Cook County Democrats and Democratic leadership. |
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Thanks, Hopefully the weather is nice when I'm out IL in a few weeks. Kudos to IL legislature for having some common sense. Now to push my local reps to get reciprocity with IL View Quote MN does one-way recognition, they have no provision for reciprocity agreements. If they would do an agreement you'd probably pick up NM and maybe a few other states. I've inquired with MN DPS as to whether MN has evaluated the IL licenses for recognition in MN but can't get an answer. IL has no provision for full recognition of other licenses. |
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Slightly different questions along the same lines.
I will be traveling to Oak Brook to stay a couple of days. I have a NC CCH. Does the law qouted apply if your end destination is within IL? If so, it sounds like I have to disassemble my pistol before taking it in to the hotel. Is there any law requiring the pistol to stay disassembled in the hotel? Is there a cap on the magazine capacity or type of ammo, I.e. 10 res and no hollow points or anything else funky I need to know? |
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Slightly different questions along the same lines. I will be traveling to Oak Brook to stay a couple of days. I have a NC CCH. Does the law qouted apply if your end destination is within IL? If so, it sounds like I have to disassemble my pistol before taking it in to the hotel. Is there any law requiring the pistol to stay disassembled in the hotel? Is there a cap on the magazine capacity or type of ammo, I.e. 10 res and no hollow points or anything else funky I need to know? View Quote You can carry loaded in your car. Unload before you exit your car. Load again when you get in your hotel room. No mag or ammo issues |
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you are good as Roadhawk described.
I would suggest (to meet the full measure of the law) you unload inside your car and throw it in a case with the loaded magazine or if you can access your luggage that closes, just put it in there until you get in your room (which becomes your abode) |
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Slightly different questions along the same lines. I will be traveling to Oak Brook to stay a couple of days. I have a NC CCH. Does the law qouted apply if your end destination is within IL? View Quote View All Quotes View All Quotes Quoted:
Slightly different questions along the same lines. I will be traveling to Oak Brook to stay a couple of days. I have a NC CCH. Does the law qouted apply if your end destination is within IL? Destination is irrelevant. If so, it sounds like I have to disassemble my pistol before taking it in to the hotel. Do not have to disassemble, just unload and in a case (some kind of container that encloses the firearm completely). Unload means magazine out and empty chamber. Is there any law requiring the pistol to stay disassembled in the hotel? Can be loaded in your room as that is now your domicile. Is there a cap on the magazine capacity or type of ammo, I.e. 10 res and no hollow points or anything else funky I need to know? No state restrictions on magazines or hollowpoints. There are a few cities that have magazine capacity limits, which in theory may have been preempted for handguns but there is no caselaw yet on that question. |
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Thank you all for the quick and thorough replies.
It isn't as bad as I had feared when I found out I had to go up there. G- |
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Thanks everyone for this great thread. It kept me from asking the same questions. I'll be in Des Plaines/Chicago starting April 30th for four days.
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I80 does not go through Chicago. It does go through Cook County though....watch your speed as you leave the tollway portion. There is a trooper that sits in the median in Hazelcrest/country club hills, right after the first hill after the tollway by the BIG US flag. Also look out for the one west of I57 before harlem.
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I worked in IL on two occasions last year and have a CHL n Texas. What I was told by ISP (I called the department over CC) was exactly what has been stated, with one exception.
Out of state CHL Carrying in vehicle, or person while in vehicle, loaded ok When going from vehicle to hotel: unload, store in locked case. When in hotel: load carry as usual. As you can see it basically is the same as everyone is saying, with the exception of locking the case. He even said you could use one of the cable locks, in case you needed to get in the case quick. Headed back up there Monday. |
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I worked in IL on two occasions last year and have a CHL n Texas. What I was told by ISP (I called the department over CC) was exactly what has been stated, with one exception. Out of state CHL Carrying in vehicle, or person while in vehicle, loaded ok When going from vehicle to hotel: unload, store in locked case. When in hotel: load carry as usual. As you can see it basically is the same as everyone is saying, with the exception of locking the case. He even said you could use one of the cable locks, in case you needed to get in the case quick. Headed back up there Monday. View Quote They told you that is the law, or just ISP's opinion about what would be nice? ISP has a history on this, and their advice is generally geared to keeping the uninformed out of trouble and/or promoting their political agenda depending on which way you see it. I've reviewed the UUW Act, CCL Act, and the FOID Act in the past and I recall several references to unloaded in a case - and have no recollection of references to unloaded and locked in a case. The problem with IL law is that it is VERY inconsistent with the way it treats residents vs non-residents, and it becomes very confusing. |
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There is nothing in the code about the case being locked. It also states it must be in a firearm case, box, shipping box, or other container.
The Wildlife code states that it must be zipped, snapped, buckled, tied, or otherwise fastened. Put it in your briefcase laptop bag, clothes bag, suitcase, etc. to get into your hotel room. Unloaded yes, locked no. |
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When going from vehicle to hotel: unload, store in locked case. View Quote I think the law calls for having a lock between the gun and the outside world when leaving in vehicle. Locking the vehicle meets the requirements of the law. It has been our experience that the ISP and officers have been among the worst sources of correct information about the CCL. By law, the gun would have to be unloaded and enclosed to transport into your hotel room where you could reload it. |
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I think the law calls for having a lock between the gun and the outside world when leaving in vehicle. Locking the vehicle meets the requirements of the law. It has been our experience that the ISP and officers have been among the worst sources of correct information about the CCL. By law, the gun would have to be unloaded and enclosed to transport into your hotel room where you could reload it. View Quote View All Quotes View All Quotes Quoted:
When going from vehicle to hotel: unload, store in locked case. I think the law calls for having a lock between the gun and the outside world when leaving in vehicle. Locking the vehicle meets the requirements of the law. It has been our experience that the ISP and officers have been among the worst sources of correct information about the CCL. By law, the gun would have to be unloaded and enclosed to transport into your hotel room where you could reload it. It's only required to be locked in the vehicle if you're in a carry restricted zone, that's my reading of it anyway (not that locking your doors isn't a good idea anyway). And only if you're a licensee under the FCCA. |
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