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Posted: 11/15/2015 6:58:39 PM EDT
I am .mil currently stuck in this state, coming from Virginia I definitely feel choked here...

As I understand it, although I live in this state, since I keep my home of record in VA I am not considered a resident and therefore am required to obtain non-resident CCl, if I want to carry a handgun concealed....

What's the law say about carrying a rifle in a back pack?  So far as I can tell it's technically legal to carry any firearm that is cased?  Would that qualify?
Link Posted: 11/15/2015 7:50:38 PM EDT
[#1]
Link Posted: 11/15/2015 8:58:50 PM EDT
[#2]
If you are a VA resident with a valid CCW license from VA you can have a loaded pistol in your car. Better than nothing.

Link Posted: 11/15/2015 9:09:00 PM EDT
[#3]
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Quoted:
If you are a VA resident with a valid CCW license from VA you can have a loaded pistol in your car. Better than nothing.

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Yeah, definitely better then nothing, all the more reason to just stay home I guess.


I was confused to find out that Wisconsin honors VA non-resident permits but not, resident permits.  Found it odd.
Link Posted: 11/15/2015 9:14:36 PM EDT
[#4]
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True. You can carry in your car, and on real property that you own/rent or have permission to carry on, but getting from the car to the property you have to revert to transporting an unloaded gun, not carrying a loaded one.



Unloaded and encased. Unlike some other states, you an have a fully loaded magazine in the same container with a weapon with an empty chamber.
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Quoted:
Quoted:
I am .mil currently stuck in this state, coming from Virginia I definitely feel choked here...

As I understand it, although I live in this state, since I keep my home of record in VA I am not considered a resident and therefore am required to obtain non-resident CCl, if I want to carry a handgun concealed....


True. You can carry in your car, and on real property that you own/rent or have permission to carry on, but getting from the car to the property you have to revert to transporting an unloaded gun, not carrying a loaded one.

What's the law say about carrying a rifle in a back pack?  So far as I can tell it's technically legal to carry any firearm that is cased?  Would that qualify?


Unloaded and encased. Unlike some other states, you an have a fully loaded magazine in the same container with a weapon with an empty chamber.


Are their any definitions to "encased"?  

How does the whole spotty assault weapons ban in specific counties/mag limit thing work?
Link Posted: 11/15/2015 10:30:47 PM EDT
[#5]
Never mind

Posted Via AR15.Com Mobile
Link Posted: 11/15/2015 10:51:21 PM EDT
[#6]
Link Posted: 11/16/2015 12:13:45 AM EDT
[#7]
You can transport your rifle basically any place in the state even it if has a ban on ownership.  We have preemption on transportation.
Link Posted: 11/16/2015 2:43:24 PM EDT
[#8]
Virginia is one of the few states whose residents are even allowed by Illinois to apply for a non-resident license. You at least have that option where most do not. It would get you Wisconsin also as a bonus.

The difference between resident and non-resident VA licenses I believe is due to the difference in background check requirement in VA law between the two.

In your "carrying a rifle in a backpack" scenario, a handgun is no different and would be easier. Needs to be enclosed in some sort of container and unloaded.
Link Posted: 11/16/2015 4:51:12 PM EDT
[#9]
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Quoted:


720 ILCS 5/24-1 Unlawful use of weapons



*See also People v Holmes (PDF) where the IL Supreme Court stated NonRes CHL's were equivalent to FOID's for transportation.of firearms in our state.

As for AW's, a few places like C(r)ook County, Highland Park (Never again! Yeah, right)  and Aurora (IIRC) are your only sticking points. As a NonRes you may have certain advantages in that regard.

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Quoted:
Quoted:
Are their any definitions to "encased"?  

How does the whole spotty assault weapons ban in specific counties/mag limit thing work?


720 ILCS 5/24-1 Unlawful use of weapons

(4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission, any pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) 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 by a person who has been issued a currently valid Firearm Owner's Identification Card*; or
           (iv) are carried or possessed in accordance with the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act;


*See also People v Holmes (PDF) where the IL Supreme Court stated NonRes CHL's were equivalent to FOID's for transportation.of firearms in our state.

As for AW's, a few places like C(r)ook County, Highland Park (Never again! Yeah, right)  and Aurora (IIRC) are your only sticking points. As a NonRes you may have certain advantages in that regard.



What about if you have what they consider an AW and your destination for the day happens to be in one of those three counties?  Are you allowed backpack "transportation" rights in that case or is it only passing through type deal?





Quoted:
Virginia is one of the few states whose residents are even allowed by Illinois to apply for a non-resident license. You at least have that option where most do not. It would get you Wisconsin also as a bonus.

The difference between resident and non-resident VA licenses I believe is due to the difference in background check requirement in VA law between the two.

In your "carrying a rifle in a backpack" scenario, a handgun is no different and would be easier. Needs to be enclosed in some sort of container and unloaded.



Not sure, but for my resident permit I needed to be fingerprinted at the local PD before submitting my paperwork to the court...   Either way, I don't think I am going to spend $300 plus training time for an IL permit for 8-10mo or so, I'll wait for my next duty station for to decide which permit I'll need.

Also the reason I ask about a rifle is because of the ammo, pistol is easier to carry for sure but, I want to be able to have rifle ammo level power available when I need it.   In VA I usually had one of my ARs in the trunk,  I haven't been doing that here, yet...
Link Posted: 11/17/2015 3:36:42 PM EDT
[#10]
Also, I am having trouble finding this answer for sure..

In the AW ban counties, does an AR pistol count as an AW or as a pistol, which is preempted by the state?
Link Posted: 11/17/2015 9:05:59 PM EDT
[#11]
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Quoted:
Also, I am having trouble finding this answer for sure..

In the AW ban counties, does an AR pistol count as an AW or as a pistol, which is preempted by the state?
View Quote

My logic:  It's a pistol, otherwise it would be a SBR.  

You might need a lawyer and bail money to explain it to the authorities, though, if you run afoul of their misinterpretation of the law.
Link Posted: 11/19/2015 9:48:57 AM EDT
[#12]
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Quoted:
Also, I am having trouble finding this answer for sure..

In the AW ban counties, does an AR pistol count as an AW or as a pistol, which is preempted by the state?
View Quote


This hasn't been decided yet. We say it's a pistol and thus preempted, but I doubt the authorities in such locations will agree. The same law that preempt ed pistols said they could keep their AWBs. Personally I don't intend to be the test case.
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